New Jersey Eluding and Resisting Arrest Lawyer
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Eluding is a very serious offense in New Jersey. Any person who operates a vehicle in this state who knowingly flees or attempts to elude any police or law enforcement officer after receiving a signal from such officer to bring their vehicle to a full stop commits a crime of the 3rd degree, unless the flight or attempt to elude creates a risk of death or injury to any person, then that individual commits a crime of the 2nd degree. N.J.S.A. 2C:29-2(b). A conviction for a crime of the 3rd degree could result in a sentence of three to five years in prison. A conviction for a crime of the second degree could result in a sentence of five to ten years in prison. A conviction for either 2nd or 3rd degree eluding also carries a six month to two years loss of driving privileges.
Any person who purposefully prevents or attempts to prevent a law enforcement officer from making an arrest commits disorderly persons offense. N.J.S.A. 2C:29-2(a)(1). Any person who purposefully prevents or attempts to prevent a law enforcement officer from making an arrest by flight, commits a crime of the 4th degree. N.J.S.A. 2C:29-2(a)(2). Any person who purposefully prevents or attempts to prevent a law enforcement officer from making arrest and does so by either (1) using or threatening to use physical force or violence against the law enforcement officer or another, or (2) uses any other means to create a substantial risk of causing physical injury to the public servant or another, commits a crime of the 3rd degree. N.J.S.A. 2C:29-2(a)(3).
No. It is not a defense to prosecution for resisting arrest that the law enforcement officer was acting unlawfully in making the arrest, providing he was acting under the color of his official authority and provided the law enforcement officer announces his intention to arrest prior to the resistance. N.J.S.A. 2C:29-2.
Because the penalties for eluding/resisting arrest are severe, it is important to consult with a New Jersey lawyer. If you would like to schedule a free consultation with one of our criminal defense attorneys, you can reach us at (908) 322-7000. We handle resisting arrest cases in Union County, Morris County, Essex County, and throughout New Jersey. We are available 24 hours a day.