Resisting arrest charges are common in alcohol-related incidents and can even be the result of attempting to flee form police on foot. No matter the facts of your resisting arrest charge, New Jersey takes this crime very seriously. A conviction can result in incarceration, probation, community service, and thousands in fines. As founding partner, Will Proetta, Esq., is an experienced criminal defense who has defended clients against literally thousands of different offenses including resisting arrest and associated charges such as Disorderly Conduct and Simple Assault throughout New Jersey including Hillside, Clark, Cranford, Linden, Plainfield, Elizabeth, and Scotch Plains. We will aggressively defend your case and work with the prosecutor towards a resolution which can include a downgrade or complete dismissal. If you would you would like to speak with a criminal defense lawyer then please contact our Cranford office at (908) 838-0150 for a free initial consultation.
2C:29-2 Resisting Arrest New Jersey Law
The New Jersey law governing resisting arrest charges is listed below, in pertinent part, for your convenience.
§ 2C:29-2. Resisting Arrest
a. (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) of subsection a. 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 should be noted that it is not a valid defense if the arrest was not lawful. All that is required is that the police officer is acting within his official duties and announces his intention to arrest prior to any resistance.
Roselle Park NJ Lawyer for Resisting Arrest
As illustrated above, resisting arrest is normally a disorderly persons offense but it can be upgraded to a fourth degree and third degree felony depending on aggravating factors. Moreover, a resisting arrest can quickly be amended to the more serious crime of Aggravated Assault of a Police Officer if physical force is used against any arresting officers. An experienced criminal lawyer can greatly increase your odds to get your charges downgraded, dismissed or securing admittance into a diversion program such as Pre-Trial Intervention. The Proetta & Oliver defends clients for resisting arrest charges throughout New Jersey including Summit, Millburn, New Providence, Roselle Park, Springfield, Kenilworth, and Rahway. With an office conveniently located in Cranford, we defend clients throughout northern New Jersey charged with serious criminal offenses. Contact our office if you would like to speak with an experienced resisting arrest lawyer for a free initial consultation at (908) 838-0150.