Being charged with eluding police in New Jersey while operating a motor vehicle is a serious criminal matter that can carry severe penalties, including state prison time, lengthy license suspensions, and permanent criminal records. In South Jersey, eluding charges are more common than many drivers realize.
At Rigden Lieberman Mignogna, we regularly defend individuals charged with eluding law enforcement in Burlington County, Camden County, Gloucester County, Atlantic County, and throughout South Jersey. Below is what every New Jersey driver should understand if they or a loved one is facing an eluding charge.
What Is Eluding in New Jersey?
Under N.J.S.A. 2C:29-2b, a person may be charged with eluding if they knowingly flee or attempt to flee after receiving a signal from law enforcement to stop.
Importantly, eluding is not limited to high-speed chases. Prosecutors often file eluding charges based on:
- Failing to pull over immediately
- Turning onto side streets to avoid a stop
- Driving away after police activate lights or sirens
- Alleged “delay” in stopping
Even brief or low-speed incidents can result in criminal charges depending on the circumstances.
Eluding Is Often an Indictable Offense (knows as a Felony in other states) in New Jersey
Eluding is frequently charged as a third-degree crime, which carries:
- 3–5 years in New Jersey State Prison
- Up to $15,000 in fines
- Mandatory driver’s license suspension
- Indictable (felony) conviction on your record
However, if the Prosecution alleges that the flight created a risk of death or injury, the charge can be upgraded to a second-degree crime, even if no accident occurred. An accident does not have to occur to be charged with second degree eluding.
Eluding charged as a second-degree crime, carries:
- 5–10 years in New Jersey State Prison
- Up to $150,000 in fines
- Mandatory driver’s license suspension
Factors to be considered in whether eluding is a second or third degree offense may include:
- Speed or traffic conditions
- Time of day
- Residential or school zones
- Presence of passengers
- Alleged danger to officers or the public
License Suspension and Motor Vehicle Consequences
In addition to criminal penalties, eluding convictions require:
- Mandatory license suspension (6 months to 2 years)
This penalty can severely impact employment—especially for South Jersey residents who rely on driving for work.
Common Defenses to Eluding Charges
Eluding cases are highly fact-sensitive, and many are defensible. At Rigden Lieberman Mignogna, we regularly challenge:
- Lack of Clear Police Signal
Was there a clear, audible, and visible command to stop? Body-cam and dash-cam footage often contradict police reports.
- No Knowing Intent to Flee
The State must prove knowledge and intent. Confusion, poor lighting, traffic conditions, or delayed awareness can undermine the charge.
- Exaggerated Risk Allegations
Prosecutors often overstate “risk.” We frequently contest claims that driving behavior endangered others.
Eluding Charges Are Often Filed With Other Crimes
Eluding is commonly charged alongside:
- Resisting arrest
- Obstruction
- Drug offenses
- Weapons offenses
How eluding is handled can dramatically affect plea negotiations, sentencing exposure, and trial strategy.
Why You Need a South Jersey Criminal Defense Attorney
Prosecutors pursue eluding cases aggressively. Early intervention matters.
At Rigden Lieberman Mignogna, we:
- Obtain and analyze dash-cam, body-cam, and surveillance footage
- Challenge police credibility and pursuit narratives
- File suppression motions where appropriate
- Negotiate for downgraded charges or dismissals
- Prepare cases for trial when necessary
Alexandra K. Rigden understands South Jersey courts, judges, and prosecutors, and knows how eluding cases are actually litigated—not just how they appear on paper.
Charged With Eluding Police in South Jersey? Call Now.
If you’ve been charged with eluding law enforcement in New Jersey, do not assume the case is unwinnable—and do not speak to police without counsel.
Contact Rigden Lieberman Mignogna today for a confidential consultation and aggressive criminal defense representation throughout South Jersey.