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New Jersey Resisting Arrest and Eluding Arrest Lawyer

New Jersey Resisting Arrest / Eluding Arrest Lawyer (5 Star Client Reviews)

March 18, 2019


NEW JERSEY RESISTING ARREST / ELUDING ARREST LAWYER

In New Jersey, resisting arrest and eluding the police
are serious criminal offenses. A
conviction for resisting arrest or eluding police may serious prison time in addition
to fines, community service and other penalties. It is important for anyone charged with eluding
or resisting arrest in New Jersey to consult with an experienced New Jersey Resisting
Arrest & Eluding Arrest Lawyer.

Free Consultations Available – (908) 358-2938

The Sloan Law Firm handles resisting arrest, eluding a police officer and other criminal offenses occurring in New Jersey. For a free initial consultation, call (908) 358-2938.

N.J.S.A. 2C:29-2. Resisting arrest, eluding officer

a. (1) Except as provided in paragraph (3), a person is
guilty of a disorderly persons offense if he purposely prevents or attempts to
prevent a law enforcement officer from effecting an arrest. (2) Except as
provided in paragraph (3), a person is guilty of a crime of the fourth degree
if he, by flight, purposely prevents or attempts to prevent a law enforcement
officer from effecting an arrest. (3) An offense under paragraph (1) or (2) of
subsection a. is a crime of the third degree if the person:

(a)Uses or threatens to use physical force or violence
against the law enforcement officer or another; or

(b)Uses any other means to create a substantial risk of
causing physical injury to the public servant or another.

It is not a defense to a prosecution under this
subsection that the law enforcement officer was acting unlawfully in making the
arrest, provided he was acting under color of his official authority and
provided the law enforcement officer announces his intention to arrest prior to
the resistance.

b. Any person, while operating a motor vehicle on any
street or highway in this State or any vessel, as defined pursuant to section 2
of P.L.1995, c.401 (C.12:7-71), on the waters of this State, who knowingly
flees or attempts to elude any police or law enforcement officer after having
received any signal from such officer to bring the vehicle or vessel to a full
stop commits a crime of the third degree; except that, a person is guilty of a
crime of the second degree if the flight or attempt to elude creates a risk of
death or injury to any person. For purposes of this subsection, there shall be
a permissive inference that the flight or attempt to elude creates a risk of
death or injury to any person if the person’s conduct involves a violation of
chapter 4 of Title 39 or chapter 7 of Title 12 of the Revised Statutes. In
addition to the penalty prescribed under this subsection or any other section
of law, the court shall order the suspension of that person’s driver’s license,
or privilege to operate a vessel, whichever is appropriate, for a period of not
less than six months or more than two years.

In the case of a person who is at the time of the
imposition of sentence less than 17 years of age, the period of the suspension
of driving privileges authorized herein, including a suspension of the
privilege of operating a motorized bicycle, shall commence on the day the
sentence is imposed and shall run for a period as fixed by the court. If the
driving or vessel operating privilege of any person is under revocation,
suspension, or postponement for a violation of any provision of this Title or
Title 39 of the Revised Statutes at the time of any conviction or adjudication
of delinquency for a violation of any offense defined in this chapter or
chapter 36 of this Title, the revocation, suspension, or postponement period
imposed herein shall commence as of the date of termination of the existing revocation,
suspension, or postponement.

Upon conviction the court shall collect forthwith the New
Jersey driver’s licenses of the person and forward such license or licenses to
the Director of the Division of Motor Vehicles along with a report indicating
the first and last day of the suspension or postponement period imposed by the
court pursuant to this section. If the court is for any reason unable to
collect the license or licenses of the person, the court shall cause a report
of the conviction or adjudication of delinquency to be filed with the director.
That report shall include the complete name, address, date of birth, eye color,
and sex of the person and shall indicate the first and last day of the
suspension or postponement period imposed by the court pursuant to this
section. The court shall inform the person orally and in writing that if the
person is convicted of personally operating a motor vehicle or a vessel,
whichever is appropriate, during the period of license suspension or
postponement imposed pursuant to this section the person shall, upon
conviction, be subject to the penalties set forth in R.S.39:3-40 or section 14
of P.L.1995, c.401 (C.12:7-83), whichever is appropriate. A person shall be
required to acknowledge receipt of the written notice in writing. Failure to
receive a written notice or failure to acknowledge in writing the receipt of a
written notice shall not be a defense to a subsequent charge of violation of
R.S.39:3-40 or section 14 of P.L.1995, c.401 (C.12:7-83), whichever is
appropriate. If the person is the holder of a driver’s or vessel operator’s
license from another jurisdiction, the court shall not collect the license but
shall notify the director who shall notify the appropriate officials in the
licensing jurisdiction. The court shall, however, in accordance with the
provisions of this section, revoke the person’s non-resident driving or vessel
operating privileges, whichever is appropriate, in this State.

For the purposes of this subsection, it shall be a
rebuttable presumption that the owner of a vehicle or vessel was the operator
of the vehicle or vessel at the time of the offense.

Free Consultations Available – Call (908) 358-2938

The Sloan Law Firm provides aggressive and experienced legal defense to anyone charged with resisting arrest, eluding a police officer and other criminal offenses in New Jersey. If you or a loved one have been charged with these offenses and would like to discuss the charge with a New Jersey Criminal Lawyer, please do not hesitate to contact the Sloan Law Firm at: (908) 358-2938. The initial consultation is always free. We are available 24/7.

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