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Eluding a Police Officer: Charges and Penalties

Wall New Jersey Criminal Defense Attorneys serving Monmouth County, Ocean County, Middlesex County and all surrounding NJ areas.

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

I like obtaining results that make a positive difference in my client’s life. In protecting my clients, I also get the added benefit of monitoring the State and protecting all of us from potential violation of our constitutional rights.

Charles F. Clark, Founding Partner

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.

Experienced Trial Lawyers and Former Prosecutors

Both of our criminal defense attorneys were not just prosecutors but senior prosecutors in charge of major criminal units and cases. We have an understanding of the inner workings of a prosecutors office and the factors that influence a prosecutor’s decision in negotiating or trying a case. This information is invaluable in advocating on behalf of our clients.

All of our clients can reach us 24 hours a day, 7 days a week via our office or cell phones. You will be in direct contact with your attorneys who will remain available to answer any questions that you may have and provide any necessary counsel until your case is firmly resolved. Our lawyers have spent their entire careers in the courtroom and will give you the peace of mind and confidence that you need while we successfully defend your case.

Call 732-303-7857  today for your free consultation.

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