When does eluding a police officer become a felony?

Eluding may elevate to a Class 6 felony charge if your operation of the vehicle endangered the police vehicle or any person, including yourself. If a law enforcement officer is killed as a part of pursuit after your eluding, the charge will likely be a Class 4 felony.

What is the offense of evading a police officer?

The Vehicle Code 2800.1 defines the offense of evading a police offcer as: “Any person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer’s motor vehicle…” 1

Who is guilty of failure to stop for police?

Any person who, having received a visible or audible signal from any law-enforcement officer to bring his motor vehicle to a stop, drives such motor vehicle in a willful and wanton disregard of such signal so as to interfere with or endanger the operation of the law-enforcement vehicle or endanger a person is guilty of a Class 6 felony.

Can a person be charged with unlawful driving?

He/she may also be charged with “Unlawful Driving or Taking of a Vehicle” under Vehicle Code § 10851 (a) in a situation where the car that the defendant drove away was stolen. To convict you of the offense, the prosecutor will have to show that you had intent to flee the pursuing officer.

Is it a felony to elude a police officer?

If you endanger another person or cause an accident in an attempt to elude an officer, eluding a police officer is a felony. This is the typical high-speed car chase we often see in the movies.

When is a person guilty of eluding in New Jersey?

Under the eluding statute, N.J.S.A. 2C:29-2, a person is guilty of eluding if, while operating a motor vehicle, they knowingly attempt to flee or elude a law enforcement officer after having received a signal from the officer to bring the vehicle to a stop.

What happens if you get charged with eluding?

This is a third-degree offense. However, the charge can become a second-degree offense if the attempt to flee or elude creates a risk of death or serious injury to another person. A criminal conviction for eluding can include jail time and a drivers license suspension of six months to two years.

Is it a third degree crime to elude a police officer?

Was signaled to stop by someone he knew or reasonably should have known was a police officer; Encountered an individual who was a police officer; and Failed to stop in order to elude a stop. If each of these facts is established, the state has proven a third-degree crime for eluding.