Resisting arrest is a serious criminal charge in New Jersey and as one can imagine, this offense tends to be prosecuted to the fullest extent of the law. Also, based on the new bail guidelines, if the facts are egregious enough, the prosecution may seek to detain a Defendant in the Somerset County Jail without bail, pending trial. However, before that can be accomplished they would need to file for and be successful at a Detention Hearing. These hearings can and always should be contested. If you would like to speak to one of our attorneys about these hearings and your options then please contact us at (908) 533-1064. We are available around the clock to help assist in anyway that we can. We fully understand that these types of incidents can occur at all hours of the day.
More often than not, a Defendant charged with resisting arrest is also going to be charged with other crimes like aggravated assault, disorderly conduct, possession of cocaine, burglary and eluding. The reason being, is that there tends to normally be a reason why the Defendant was even interacting with the officer prior to the resisting aspect of the case. If you have been arrested and charged with resisting arrest in Somerset or Hunterdon County, the Keith Oliver Criminal Law can help. Our criminal defense attorneys serve all of Somerset County including towns like North Plainfield, Hillsborough, Raritan, Bound Brook, South Bound Brook, Clinton, Flemington, Somerville and Warren. If you would like to come into our office for a face to face consultation with Mr. Oliver or one of the other attorneys on staff then please contact us at (908) 533-1064. Our attorneys are well aware of what a criminal conviction let alone jail time could do to one’s future. Do not let a lapse in judgement ruin your future. Let the New Jersey criminal defense lawyers at Keith Oliver Criminal Law help. As always, our initial consultations are free of costs.
South Bound Brook NJ Resisting Arrest Lawyers
Resisting Arrest Charges in NJ: 2C:29-2
Resisting arrest can either be a disorderly persons offense, which is New Jersey’s version of a misdemeanor or a third or fourth degree felony. A Defendant will end up being charged with resisting arrest if they in anyway prevent or attempt to prevent a police officer from effectuating an arrest. The degree of the offense will be dictated by the alleged actions of the Defendant i.e. did they flee the scene or use some form of force. Resisting arrest is governed by NJSA 2C:29-2 in New Jersey. Here is a breakdown of each subsection.
Disorderly Persons Offense Resisting Arrest Charge:
In order to be convicted of this subsection, the prosecution will need to prove that the Defendant purposely prevented or attempted to prevent a police officer from effecting an arrest.
Fourth Degree Felony Resisting Arrest Charge:
To be convicted of this subsection, the prosecution will need to establish that the Defendant purposely prevented or attempted to prevent law enforcement from effecting an arrest by flight. Meaning that the Defendant attempted or actual fled the scene.
Third Degree Felony Resisting Arrest Charge:
To be convicted of this subsection, the prosecution will need to establish that the Defendant purposely prevented or attempted to prevent law enforcement from effecting an arrest by:
- Using or threatening to use physical force or violence against the law enforcement officer or another; or
- Using any other means to create a substantial risk of causing physical injury to the officer or another.
It is important to note here that it will not be considered a defense to this type of charge that the police officer was acting unlawfully when attempting to make the said arrest provide they announced their intentions of making the arrest.
If the offense involves the Defendant fleeing in a motor vehicle they will be charged with eluding. For more information on the offense of eluding, including how to defend an eluding charge in New Jersey, please click the link.
Will I go to Jail for Resisting Arrest in NJ?
As stated earlier, resisting arrest is either a disorderly persons offense or a third or fourth degree felony offense. Here is the potential penalties for each degree.
|Third Degree||Prison Time: 5 years||Fine: $15,000||Felony Crime|
|Fourth Degree||Prison Time: 18 Months||Fine: $10,000||Felony Crime|
|Disorderly Persons||Jail Time: 6 Months||Fine: $1,000||Disorderly Person Offense|
Clinton NJ Resisting Arrest Attorneys
If you have been arrested and charged with resisting arrest, carjacking, terroristic threats, aggravated assault, stalking, harassment, criminal mischief in Somerset or Hunterdon County, the criminal defense lawyers at Keith Oliver Criminal Law. These are serious criminal charges and should not be taken lightly. Our attorneys will aggressively challenge the evidence presented against you in order to achieve a favorable outcome. We have been appearing in courts in towns like Flemington, Watchung, Bridgewater, North Plainfield, Bound Brook, Manville, North Plainfield, Hillsborough and Franklin for years now. If you would like to speak to one of our criminal defense attorneys about your options then please contact us at (908) 533-1064. We can go over the specific facts of your case and we will give you our honest feedback on how we can be of assistance.