In New Jersey, it’s a crime to flee from a police officer attempting to make an apprehension. However, eluding a police officer on foot versus eluding in a vehicle can have drastic legal differences for a defendant’s case.
Defining Eluding in New Jersey
Under New Jersey’s eluding statute – N.J.S.A. §2C:29-2 – a person commits an offense if they purposely prevent or attempt to prevent a law enforcement officer from effecting an arrest or knowingly flees or attempts to elude a law enforcement officer in a vehicle after the officer signals the individual to stop.
Eluding on Foot: Legal Consequences
Under the eluding statute, a person commits a disorderly persons offense by purposely preventing or attempting to prevent a law enforcement officer from effecting an arrest. The offense becomes a fourth-degree crime if they purposely prevent or attempt to prevent an arrest by fleeing from the police. Eluding the police on foot becomes a third-degree crime if the offender:
- Uses or threatens physical force or violence against a law enforcement officer or another individual
- Uses any means to create a substantial risk of injury to a law enforcement officer or another individual
In New Jersey, a conviction for a disorderly persons offense for eluding may result in a sentence of up to six months in jail, a potential fine of up to $1,000, or both a fine and incarceration.
A conviction for a fourth-degree crime for eluding on foot can impose a sentence of up to 18 months in prison, a fine of up to $10,000, or both incarceration and a fine.
Finally, a conviction for a third-degree crime for eluding can impose a penalty of three to five years in prison, a fine of up to $15,000, or both imprisonment and a fine.
Eluding in a Vehicle: More Severe Consequences
It is also a crime for a person to knowingly flee or attempt to elude a law enforcement officer after the officer signals the person to bring the vehicle to a complete stop. Eluding in a vehicle in New Jersey constitutes a third-degree crime by default. However, the law increases the grading of the offense to a second-degree crime if the person’s flight or attempt to elude creates a risk of injury or death to any person. The law allows a factfinder to infer a risk of injury or death when a perpetrator’s conduct involves a violation of traffic or boating laws.
Eluding in a vehicle constitutes a third-degree crime with a potential penalty of three to five years in prison and a possible fine of up to $15,000. However, creating a risk of injury or death while eluding the police in a vehicle will result in a second-degree charge that can impose a sentence of five to ten years in prison, a fine of up to $150,000, or both incarceration and a fine.
Furthermore, a conviction for eluding in a vehicle in New Jersey will require the court to suspend a driver’s license for six months to two years as part of a defendant’s sentence. If the defendant operated a vehicle to elude the police while holding a suspended or revoked driver’s license, the suspension period imposed as part of their sentence for eluding would run consecutive to their current suspension/revocation period. This means a convicted defendant must complete their existing suspension period before they can begin serving their suspension period for eluding.
Key Differences Between the Two Charges
The difference between eluding on foot and eluding in a vehicle in New Jersey largely revolved around the increased risk of injury to others posed by fleeing law enforcement in a vehicle. Fleeing police officers on foot constitutes a fourth-degree crime in New Jersey. The grading of the offense increases to a third-degree crime only if the perpetrator uses or threatens force or violence against a police officer or another person or uses any means to create a significant risk of injury to that officer or person.
However, eluding in a motor vehicle automatically constitutes a third-degree crime, with the grading increased to a second-degree crime when a perpetrator’s conduct creates a risk of injury or death to others. Furthermore, the statute allows a jury or judge to presume that a perpetrator created a risk of injury or death when they violated traffic or boating laws when fleeing from the police.
Potential Defenses Against Eluding Charges
Someone charged with eluding police can pursue various defense strategies, including those based on the following:
- Lack of awareness of the police – A defendant may claim that they did not know that an officer attempted to stop them when they walked or drove away from the officer.
- Lack of intent – Defendants may create reasonable doubt about their guilt by arguing that they did not intend to resist arrest through their actions.
- Necessity – A defendant facing an eluding charge may pursue a necessity defense, which alleges that a defendant engaged in conduct prohibited by the statute to prevent greater harm. For example, a defendant charged with eluding in a vehicle may present evidence proving they drove away from the police to bring a person suffering a medical emergency to the hospital.
- Mistaken identity – Although the eluding statute creates a presumption that an owner’s vehicle operated it during an attempt to flee from police, a defendant may present evidence showing that the prosecution has mistakenly identified them as the person who fled from law enforcement.
The New Jersey eluding statute expressly precludes the lawfulness of a police officer’s stop as a defense to eluding charges. Thus, a defendant cannot claim that a police officer unlawfully attempted to stop or arrest them as a defense to an eluding charge.
Contact Our Criminal Defense Lawyer in Monmouth County, NJ, for Help
If you’ve been charged with fleeing and eluding, whether on foot or in a vehicle, you need experienced legal representation to help you seek the best resolution for your case. Contact Keith Oliver Criminal Law today for a confidential consultation with an experienced criminal defense attorney in Monmouth County, NJ, to learn more about how to beat a fleeing and eluding charge.
