Being arrested can be traumatic and many times, surprise or fear can cause us to react in a way that an arresting officer perceives to be resisting. These instances occur on a regular basis, often giving rise to resisting arrest charges, which are issued in addition to charges for the initial alleged violation, whether it be disorderly conduct, simple assault, driving under the influence, or another offense. Unfortunately, even if the arrest was unlawful or illegitimate, you may still be found guilty of resisting arrest if the State can prove that you attempted to prevent the officer from effecting the arrest. With the full force of law enforcement and the prosecution against you, it is essential to enlist an aggressive legal advocate who can effectively level the playing field.
At The Law Offices of Jonathan F. Marshall, we are committed to fighting for our clients’ constitutional rights, upholding the liberties that you are guaranteed under the law. With former municipal and county prosecutors on our legal team, we are able to anticipate and successfully address the potential arguments against you in order to secure a positive outcome. With our combined 100 years of legal experience, we assist clients in court rooms across the State, achieving downgraded charges, negotiated pleas to lesser sentences, enrollment in diversionary programs, and outright dismissals. It is our goal to provide you with unparalleled representation, allowing you to place your confidence in the highly knowledgeable professionals who have earned our firm national recognition. For a cost-free consultation with one of our seasoned attorneys, contact The Law Offices of Jonathan F. Marshall today.
Resisting Arrest Charges in New Jersey: N.J.S.A. 2C:29-2
Section N.J.S.A. 2C:29-2 of the New Jersey Criminal Code encompasses a number of offenses that involve intentional interference with law enforcement officials. The most frequently cited of these offenses is the charge of resisting arrest, which is outlined as follows:
(1) Except as provided in paragraph (3), a person is guilty of a disorderly persons offense if he purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest.
(2) Except as provided in paragraph (3), a person is guilty of a crime of the fourth degree if he, by flight, purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest.
(3) An offense under paragraph (1) or (2) is a crime of the third degree if the person:
(a) Uses or threatens to use physical force or violence against the law enforcement officer or another; or
(b) Uses any other means to create a substantial risk of causing physical injury to the public servant or another.
It is not a defense to a prosecution under this subsection that the law enforcement officer was acting unlawfully in making the arrest, provided he was acting under color of his official authority and provided the law enforcement officer announces his intention to arrest prior to the resistance.
Contact our Warren Twp. NJ Resisting Arrest Lawyers for Help
The circumstances that give rise to resisting arrest charges determine the degree of these charges which, in turn, dictate the potential penalties if you are found guilty. Notably, a disorderly persons resisting arrest charge will be adjudicated at the Municipal Court level and may result in a sentence to serve up to 6 months in county jail.
On the other hand, charges for third or fourth degree crimes will be adjudicated at the Superior Court in the county in which the alleged offense occurred, as these are considered indictable felonies. Fourth degree crimes expose you to a maximum New Jersey State Prison term of 18 months. Third degree crimes may result in a term of incarceration ranging from 3 to 5 years. Although these penalties are a possibility, a skilled defense attorney can assist you in avoiding these punishments through multiple means, whether that includes probation, enrollment in a diversionary program such as Pre-Trial Intervention, or the dismissal of the charges altogether.
To speak with a member of our talented defense team about your resisting arrest charges, contact The Law Offices of Jonathan F. Marshall at 908-722-1011.
