A Moment of Panic Can Lead to Years of Consequences – You Need an Experienced Defense

A confrontation with law enforcement can be a confusing and frightening experience. In a moment of panic, a person can make a split-second decision that leads to serious criminal charges like eluding a police officer or resisting arrest. These are not minor infractions; they are serious offenses in New Jersey that prosecutors in Union County pursue aggressively. A conviction can result in a state prison sentence, thousands of dollars in fines, a lengthy driver’s license suspension, and a permanent criminal record.

If you have been charged with eluding or resisting arrest, it is critical that you understand what is at stake and that you secure legal representation immediately. Brett M. Rosen, Esq., Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, has extensive experience defending clients against these specific charges in the Union County Superior Court. He understands the nuances of these cases and is prepared to build a strategic and formidable defense to protect your freedom and your future.

Understanding the Charges: Eluding vs. Resisting Arrest

While often charged together, eluding and resisting arrest are distinct offenses under New-Jersey law (N.J.S.A. 2C:29-2).

Eluding an Officer (N.J.S.A. 2C:29-2b): This charge applies when a person, while operating a motor vehicle, knowingly flees or attempts to elude a police officer after receiving a signal to pull over. The severity of the charge depends on the circumstances of the incident.

Resisting Arrest (N.J.S.A. 2C:29-2a): This charge applies when a person purposely prevents, or attempts to prevent, a law enforcement officer from making an arrest. This can range from pulling away from an officer to using physical force or violence.

Potential Penalties: What You Are Facing

The consequences for a conviction are severe and depend on the degree of the crime.

Penalties for Eluding:

• Third-Degree Eluding: This is the standard charge. A conviction carries:

  • 3 to 5 years in New Jersey State Prison.

  • A fine of up to $15,000.

  • A mandatory driver’s license suspension of 6 months to 2 years.

• Second-Degree Eluding: The charge is elevated to a second-degree crime if the act of eluding creates a risk of death or serious bodily injury to any person. This is a critical distinction, as there is a presumption of incarceration, even for first-time offenders. A conviction carries:

  • 5 to 10 years in New Jersey State Prison.

  • A fine of up to $150,000.

  • A mandatory driver’s license suspension of 6 months to 2 years.

Penalties for Resisting Arrest:

• Disorderly Persons Offense: Basic resistance without flight or force. Punishable by up to 6 months in county jail and a fine of up to $1,000.

• Fourth-Degree Crime: Resisting by flight. Punishable by up to 18 months in state prison and a fine of up to $10,000.

• Third-Degree Crime: Resisting by using or threatening to use physical force against the officer or another person, or creating a substantial risk of physical injury. Punishable by 3 to 5 years in state prison and a fine of up to $15,000.

Strategic Defenses to Eluding and Resisting Arrest Charges

An arrest is not a conviction. A skilled defense attorney can challenge the state’s evidence and build a powerful case in your defense. Potential strategies include:

• Challenging the Intent to Elude: The prosecution must prove you knowingly fled after seeing a clear signal to stop. We can argue that you were unaware of the officer’s presence, that the signal was unclear, or that you were simply trying to find a safe location to pull over.

• Contesting the “Risk of Injury” for Second-Degree Eluding: This is often the most critical part of an eluding defense. We can challenge the state’s assertion that your driving created a genuine risk of death or serious bodily injury, potentially leading to a downgrade of the charge from second-degree to third-degree.

• Unlawful Arrest: For a resisting arrest charge, the officer must have been effecting a lawful arrest. If the initial stop or the basis for the arrest was unconstitutional or lacked probable cause, it can serve as a powerful defense against the resisting charge.

• Lack of Intentional Resistance: The state must prove your actions were purposeful. If you inadvertently pulled away due to surprise, or your actions were not intended to physically oppose the officer, it may negate the element of “purposely” resisting.

• Self-Defense: In rare cases where an officer uses excessive or unlawful force, a person may be justified in using a reasonable degree of force to protect themselves from harm.

Frequently Asked Questions (FAQs)

Q: What makes an eluding charge a second-degree crime instead of third-degree? A: The charge becomes second-degree if the act of fleeing creates a risk of death or serious bodily injury. Notably, New Jersey law includes a “permissive inference” that this risk is created if you violate any motor vehicle laws (like speeding or running a stop sign) during the course of the eluding. Challenging this inference is a key part of a strong defense.

Q: Can I be charged with resisting arrest if I didn’t touch the officer? A: Yes. Resisting arrest by flight is a fourth-degree crime. Furthermore, any action that physically prevents an officer from making an arrest, even without violence, can lead to a disorderly persons offense.

Q: What happens if I am acquitted of the underlying charge for which I was being arrested? A: Under New Jersey law, you can still be convicted of resisting arrest even if you are ultimately found not guilty of the initial crime. The key is whether the officer was acting lawfully and announced their intention to arrest at the time of the resistance.

Q: Is there any way to avoid prison time for a second-degree eluding charge? A: While there is a presumption of incarceration, an experienced attorney can advocate for your admission into programs like Pre-Trial Intervention (PTI) if the circumstances are compelling, or fight for a downgrade of the charges to a third-degree offense, which has a presumption of non-incarceration for first-time offenders.

Contact Union County, NJ Attorney Rosen

If you or a loved one is facing an eluding or resisting arrest charge, then contact Attorney Rosen today for a free and confidential consultation! 908-312-0368

Disclaimer: This page contains general information about legal matters and is for informational purposes only. It does not constitute legal advice. The information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Prior results do not guarantee a similar outcome.