New Jersey Resisting Arrest Lawyers

The state of New Jersey makes it a crime for any person to resist arrest by the police. Ordinarily, resisting arrest is a disorderly persons offense but there are certain circumstances in which it can be enhanced to a third or a second degree offense.

Resisting Arrest Definition  In NJ

Resisting arrest is defined as purposefully evading, attempting to prevent, or successfully preventing a law enforcement officer from making an arrest. If there is any action on an individual’s part that hinders the job of a law enforcement agent to arrest someone, it is considered the criminal act of resisting arrest. For example, if a police officer lawfully told you to put your hands behind your back, and you refused to do so, you could be charged with this crime. Resisting arrest as a disorderly person offense, if convicted, can be punished by stiff fines, and up to six months of imprisonment.

The punishment is severe for the higher degrees of this crime, which are determined by the manner in which the arrest is being resisted.  For example, if a police officer is attempting to arrest you and you run away, this is known as flight or fleeing, which carries with it a punishment of up to 18 months of prison.

If physical force is involved in resisting the arrest, and the officer is at risk of physical injury, it is considered a third degree offense, which is punishable by up to 5 years in prison.

Fleeing in a motor vehicle, which creates a risk of injury to the arresting police officer and those around you elevates the criminal offense to the level of second degree, the punishment for which is a staggering 10 years in prison.

Even if you believe that law enforcement was misinformed, incorrect, or unjustified in placing you under arrest, you must still submit to the arrest under the law.  Resisting arrest merely inflames the situation and stacks the deck against you in pleading your innocence. If you have been charged with resisting arrest, do not take chances with just any law firm.

Contact our New Jersey resisting arrest lawyers

The highly respected ex-prosecutors and Certified Trial Attorneys at Aiello, Harris, Marth, Tunnero & Schiffman, P.C. have represented thousands of individuals throughout the state of New Jersey with their criminal matters with excellent results.  But don’t delay – contact us today  so that we may start to build your defense strategy.  For a free initial consultation, call us today at (908) 561-5577 or contact us online.  Your initial consultation is free.

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