Charges and Penalties for Second and Third Degree Eluding Convictions
What is eluding?
When a police officer motions or signals you to stop or pull over, New Jersey law requires that you respond immediately. Failing to heed the instructions of a police officer in a timely manner, or attempting to flee, get away, or speeding up after being signaled to pull over can lead to charges of eluding.
If you injure or kill someone during a high-speed chase or while attempting to elude an officer, you can face other charges including resisting arrest, vehicular manslaughter, or aggravated manslaughter by eluding.
New Jersey Penalties for Eluding a Police Officer
You may have attempted to elude an officer for a variety of reasons. Maybe you did not realize an officer was attempting to pull you over and did not respond appropriately, or you were afraid of other charges if you were stopped, such as not having proper insurance. But the reason for eluding an officer does not change the possible outcome if you are convicted – loss of driving privileges and jail time.
The crime of eluding carries different degrees, but all charges for eluding are serious and can result in the loss of your driving privileges and jail time.
Third-Degree Eluding. Eluding, at a minimum, is is a Third Degree crime. If you are convicted of Third Degree Eluding, you may receive a sentence of three to five years in prison.
Second-Degree Eluding. If you endanger the life or welfare of another person, or cause injury to someone else while attempting to flee, you may be charged with 2nd Degree eluding. If you are convicted of Second Degree Eluding, you may receive a sentence of five to ten years in prison.
- You may lose your driver’s license for six months to two years for either a Second or Third Degree Eluding conviction; and
- You may also face charges of resisting arrest, a crime that carries additional fines and penalties.
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