Accomplished Area Criminal Attorneys & Former Monmouth County Prosecutors Who Have What It Takes To Achieve The Best Possible Outcome In Your Belmar Resisting Arrest Case
When an encounter with police escalates the frequent result is a resisting arrest charge. It is, in fact, our experience that this is offense is issued way too much, being written not only when warranted but also whenever there is any evidence or claims of injury during an arrest. Whether you are aware of it or not, the charge you are facing has the potential to be serious and can even result in a felony crime (e.g. fourth degree or third degree crime). Even when it doesn’t rise to this level and is treated as a disorderly persons offense in Belmar Municipal Court, it still results in a record that implies that you are violent and/or unable to deal with authority. All of this is truly needless in a wide majority of resisting arrest cases handled by our firm in Belmar as our attorneys have a track record of downgrades and/or dismissals of this charge.
We are Marshall Criminal Defense, the largest firm of its kind in Monmouth County. Our team in truly exceptional and can offer you:
- A team of 14 attorneys that specialize exclusively in criminal defense
- Former Monmouth County Prosecutors and municipal prosecutors, including one that served in Belmar Municipal Court
- Certified criminal trial attorneys
- A long history of avoiding convictions for resisting arrest in Belmar and elsewhere
- An office near Belmar to conveniently serve clients
There is no doubting the fact that it is in your best interests to speak to an attorney who is knowledgeable in this area of law and Belmar criminal charges before attempting to navigate your case. An attorney on our staff is ready to assist you in understanding your rights, what you can expect, and your best options for avoiding a conviction. Call us at 855-450-8310 for a free consultation anytime 24/7 and one of our lawyers will be happy to help you.
Arrested & Charged With Resisting Arrest in Belmar
When an incident mushrooms into issuance of a resisting arrest charge, it often comes as a shock. Maybe you complained of pain, excessive force, aggressive cuffing, were injured, or there truly was some unwillingness to submit to the arrest because you didn’t think it was valid/legal. The unfortunate thing is that almost no one realizes that resisting an arrest is never valid as the law provides that there is an obligation to submit even when the authority is being exercised improperly (i.e. not a proper arrest). In fact, there is no right to resist as long as the police officer is “acting under color of his official authority” and the intention to arrest is announced. This is even that case if an arrest is unlawful, for example, there wasn’t a predicate violation of the law to trigger the need for you to be taken into custody (e.g. they have the wrong person, your conduct didn’t violate the law, etc.).
In accordance with N.J.S.A. 2C:29-2, resisting arrest occurs whenever someone “purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest.” This violation is a disorderly persons offense except when “flight [is used to] purposely prevent or attempt to prevent a law enforcement officer from effecting an arrest. Then resisting is a fourth degree crime and an obstructing/hindering charge is often also filed. A third degree crime for resisting arrest arises where either force or threats to use physical force or violence against the law enforcement, or the actor uses any other means to create a substantial risk of causing physical injury. When verbal threats are particularly extreme, an individual can also face a terroristic threat charge as well. You should also know that aggravated assault is a common companion offense to resisting arrest.
The penalties for resisting arrest can certainly have a negative impact on your life so it is always best to seek the services of a talented defense lawyer. Third degree resisting arrest results in up to 5 years in prison and a $15,000 fine. Fourth degree resisting arrest carries the potential for 18 months in prison and a $10,000 fine. These two grades of resisting arrest are indictable crimes that can only be dealt with at the Criminal Division of the Monmouth County Superior Court in Freehold. Even a disorderly persons offense resisting arrest in Belmar Municipal Court can land you in the county jail for 6 months and get you fined up to $1,000. Consequences like these warrant your enlisting an experienced criminal lawyer as soon as possible.
Attorneys Who Are Accomplished in Defending Resisting Arrest Charges in Belmar New Jersey
Our team of lawyers has been defending resisting arrest offenses arising in Belmar for decades and almost always with success. While we cannot guarantee any result, our history of favorable outcomes is consistent and a reflection of many years practicing in Belmar Municipal Court and Monmouth County. With over 200 years of combined experience and a reputation of being effective, we can offer the level of experience you need to insure that you have every chance of beating the Belmar resisting arrest case you are facing. Call us now at 855-450-8310 to learn exactly how we can help you from a Belmar NJ criminal lawyer who has been successfully handling these charges for decades.
