Contact Our Jersey City or Hoboken Office If You Were Charged With Resisting Arrest In Hudson County, Including Bayonne, North Bergen, Kearny, Weehawken & Secaucus New Jersey
It does not take very much for an encounter with a police office in Hoboken, Jersey City, Bayonne, Weehawken or another Hudson County municipality to mushroom into resisting arrest charges. It may have been nothing more than confusion, shock or disgust that was the reason for you to pull your arm away or worse but the honest truth that is all it takes to someone to be charged with resisting arrest. The reason why the threshold is so low is because lawmakers have established a firm policy of favoring submission when police attempt to make an arrest. The attorneys at our firm know first hand how this police creates not only appropriate situations for resisting arrest but also instances of abuse by police officers.
We are the Law Offices of Jonathan F. Marshall, a powerhouse criminal firm with ten (10) lawyers that do nothing other than defend individuals against criminal offenses like resisting arrest. Most of the members of our defense team are former prosecutors and have over fifteen (15) years experience. Collectively, the attorneys possess well over one hundred fifty (150) years in practice. We have been working in the trenches in municipal courts throughout Hudson County, as well as the Hudson County Superior Court. To speak to an attorney that knows how to get the best result in your resisting arrest case, contact our Jersey City Office or Hoboken Office for a free consultation at 201-309-0500.
The Law Offices of Jonathan F. Marshall at 574 Newark Avenue, Suite 204A, Jersey City, New Jersey and 50 Harrison Street, Hoboken, New Jersey, represent clients charged with resisting arrest throughout Hudson County, including West New York, Secaucus, North Bergen, West New York, Guttenberg, Harrison, East Newark, Kearny, Union City and Weehawken.
Resisting Arrest Charge in Hudson County
The New Jersey Law for resisting arrest is set forth at N.J.S.A. 2C:29-2. This statute outlines circumstances in which resisting arrest can result in a disorderly persons offense, fourth degree crime or third degree crime. A disorderly persons offense for resisting arrest is the equivalent to a misdemeanor and falls under the jurisdiction of a municipal court like the one in Hoboken, Secaucus, Jersey City, Bayonne and North Bergen. When an individual is prosecuted for an indictable charge for resisting arrest (i.e. third or fourth degree crime), his/her offense may only be heard at the county courthouse in Jersey City.
The term “resisting arrest” means purposely preventing or attempting to prevent a police officer from effectuating an arrest. An entirely separate charge known as eluding arises when the means of resistance or fleeing is a motor vehicle. The headings below outline the elements of proof for each degree of resisting arrest previously set forth.
- Resisting Arrest: Disorderly Persons Offense
- Defendant prevented law enforcement from making a lawful arrest &
- Law enforcement was acting under their authority &
- Law enforcement announced to the defendant that they had the intentions of placing him under arrest.
- Resisting Arrest: 4th Degree Crime
- Defendant prevented law enforcement from making a lawful arrest &
- Law enforcement was acting under their authority &
- Law enforcement announced to the defendant that they had the intentions of placing him under arrest &
- Defendant took off on foot while attempting to avoid arrest.
- Resisting Arrest: 3rd Degree Crime
- Defendant prevented law enforcement from making a lawful arrest &
- Law enforcement was acting under their authority &
- Law enforcement announced to the defendant that they had the intentions of placing him under arrest &
- Defendant took off on foot while attempting to avoid arrest &
- While fleeing,
- The defendant used or threatened to use force or violence against another; OR
- The defendant created a substantial risk of causing physical injury to another by their actions.
What are the penalties if I am convicted of resisting arrest in NJ?
The penalties for resisting arrest hinge on whether the charge is a disorderly persons offense or a felony indictable crime of the fourth or third degree. The breakdown of the penalties for each pedigree of this offense are as follows:
- Disorderly Persons Offense: Up to 6 months in the Hudson County Jail & fined up to $1,000
- Fourth Degree Crime: Up to 18 months in a New Jersey State Prison & fined up to $10,000
- Third Degree Crime: Up to 5 years in a New Jersey State Prison & fined up to $15,000
Are there defenses to a resisting arrest offense?
We should by pointing out that New Jersey law does not allow for resistance where an arrest is unlawful. What this means is that you must submit to an arrest, even if the officer lacks a valid basis. The thought process is that a contrary policy would lead to further violence. Notwithstanding this principal, law enforcement is only allowed to use enough force as is necessary to effectuate an arrest. When a police officer in Kearny, a Port Authority officer in Weehawken or Hoboken or some other member of Hudson County law enforcement engages in excessive force against an individual, the victim may utilize whatever force is reasonably necessary to break away in self-protection.
Jersey City, NJ Resisting Arrest Lawyer
Resisting arrest is always filed as a companion to a offense like simple assault, obstructing the administration of law or disorderly conduct, so chances are that you are facing a host of criminal charges. The highest probability is that your resisting arrest case is pending in Jersey City because that is both the largest and most populated city in Hudson County but also the home to the Superior Court where all third and fourth degree crimes are adjudicated. Our office is located directly across from the county courthouse and just a short walk from Jersey City Municipal Court. We also have an office in Hoboken to serve clients in that community. Call us at 201-309-0500 to speak to a resisting arrest defense lawyer immediately. Initial consultation with our lawyers are always without charge.
