Eluding an Officer – Resisting Arrest

New Jersey Eluding Police Defense Attorney

Did you have a frightening run in with the law, and make a split second decision to run away? Or maybe you struggled against an arrest because you felt it was unlawful? There are many different reasons a person may resist an arrest or try to elude the police when being pulled over, but one thing is certain, you need an attorney. I am Anthony N. Palumbo, Union County defense attorney and partner at The Law Offices of Anthony N. Palumbo. I have been practicing criminal and municipal law in New Jersey for over 35 years, and as a former prosecutor, I know the defenses you need to win your case.

Union County Resisting Arrest Lawyer

Don’t plead guilty without knowing your rights. Contact me today for a free initial consultation, and let me guide you through the process. I will aggressively represent your interests, and make sure you are not over-penalized for your actions. Our firm represents clients in counties throughout New Jersey such as Monmouth, Union, Hudson and Middlesex, including the towns of Elizabeth, Linden, Clark, Rahway, Roselle, and Woodbridge. The following page attempts to provide you with some basic information about your offense by presenting an overview of the possible penalties for charges of Eluding an Officer and Resisting Arrest. Please remember that an attorney is crucial to your defense, and this page is in no way a replacement to the vital role an attorney can play in your case.

Penalties for Fleeing a Police Officer

Resisting Arrest

  • If you purposely prevent or try to prevent the police from arresting you then you will be charged with:
  • disorderly persons offense (up to 6 months in prison and a $1,000 fine)
  • If you purposely prevent or try to prevent the police from arresting you and you do it by running away (by foot or car) then you will be charged with:
  • 4 th degree offense (up to 18 months in prison and a $10,000 fine)

Either one of the above crimes can be upgraded to a 3 rd degree offense if at the same time you commit it, you also:

  • Use threats or physical force against the police; or
  • Use threats or physical force against the any other person; or
  • Do anything at all that creates a big risk of injuring someone.

Unfortunately, even if the officer is making an unlawful arrest, you may not use this as your defense so long as the officer was in his uniform and told you he was going to arrest you before you began to resist.

Eluding an Officer

If you are driving any kind of a vehicle; and the police give you any kind of signal to pull over, and you either:

  • Flee or just try to get away from the police then you may be charged with a:
  • 3 rd degree offense and driver’s license suspension for 6 months to 2 years
  • If you are under 17 years old, the license suspension period is determined by the court.
  • If your license was already suspended or revoked, the new suspension term begins when your old one ends.

The crime will be upgraded to a 2nd degree crime, if while it is happening, you create a risk of death or injury to anyone at all, including yourself.

To view the entire New Jersey Statute on Resisting Arrest and Eluding an Officer, go to N.J.S.A. 2C:29-2.

Having an Attorney By Your Side

Still have questions after reading the penalties? Contact me for a free initial consultation and I will be happy to discuss any questions you may have. It is important to your defense that you have an experienced attorney by your side. Without an attorney, you may be pleading guilty to charges that could otherwise be dismissed. Don’t wait until it is too late. With a free initial consultation, you have nothing to lose.