Resisting Arrest Lawyer in Jersey City & Hudson County
Reviewed by William A. Proetta, Esq. · Updated
Resisting arrest under N.J.S.A. 2C:29-2(a) is a disorderly persons offense in New Jersey, a fourth-degree crime if you resisted by running, and a third-degree crime if you used or threatened force or created a substantial risk of injury. That grading decides where the case is heard: a disorderly persons charge stays in the municipal court of the town where the arrest happened, such as Jersey City or Bayonne, while the fourth- and third-degree versions go to the Hudson County Superior Court at the Guarini Justice Complex near Journal Square. William Proetta Criminal Law defends resisting arrest charges throughout Hudson County from our Jersey City office, with over 15 years of criminal trial experience. Call (201) 793-8018, 24/7. Se habla español.
What Counts as Resisting Arrest
Resisting arrest means purposely preventing or trying to prevent a law enforcement officer from making an arrest. Pulling your arms away, refusing to put your hands behind your back, going limp or running from an officer can all be charged. The officer must have announced the intention to arrest. It is not a defense that the arrest itself turns out to have been unlawful, as long as the officer was acting under color of authority.
Resisting Arrest Grading
| Charge | Statute | Usual grade | Where it is heard |
|---|---|---|---|
| Resisting arrest | 2C:29-2(a)(1) | Disorderly persons | Municipal Court |
| Resisting arrest by flight | 2C:29-2(a)(2) | 4th degree | Superior Court |
| Resisting with force, threats of force or a substantial risk of injury | 2C:29-2(a)(3) | 3rd degree | Superior Court |
| Eluding police in a vehicle | 2C:29-2(b) | 3rd or 2nd degree | Superior Court |
| Assault on a police officer | 2C:12-1(b)(5)(a) | 4th to 2nd degree | Superior Court |
Where a Resisting Arrest Charge Is Heard in Hudson County
A disorderly persons resisting charge is heard in the municipal court where the arrest happened, often together with the underlying charge, such as disorderly conduct, a DWI, or a simple assault outside a bar. Fourth- and third-degree charges go to Superior Court in Jersey City, and the prosecutor often downgrades them and sends them back to municipal court. For Jersey City cases, see our Jersey City Municipal Court guide; for Hoboken arrests, see our Hoboken resisting arrest page, and our court guides for Kearny, Union City and Bayonne.
Arrest and Release
Resisting charges usually come with the original arrest. If the case is indictable, you may be held on a complaint-warrant until a release decision is made within 48 hours, after a Public Safety Assessment. When force or injury to an officer is alleged, the prosecutor may file a motion for pretrial detention. Most people are released, often with conditions.
Penalties
- Disorderly persons: up to six months in jail and a $1,000 fine.
- Fourth degree: up to 18 months in prison and a $10,000 fine.
- Third degree: three to five years and up to $15,000.
A first offender charged with a third- or fourth-degree crime has a presumption against prison. Resisting arrest is not covered by the No Early Release Act.
Immigration Consequences
A simple or flight-based resisting arrest conviction is generally not a crime involving moral turpitude, but the third-degree version involving force against an officer can carry more risk, especially with a sentence of a year or more. Resolving the case as a disorderly persons offense or an ordinance violation is usually much safer. We review the immigration side before any plea; see our immigration consequences practice area, immigration-safe plea strategy and lawful permanent residents pages.
Defenses to Resisting Arrest
- No announced arrest. You must have known the officer was arresting you.
- No purpose to resist. Pulling away in pain, losing balance or a medical issue is not resisting.
- Body-worn camera footage, which New Jersey requires patrol officers to wear, often shows something different from the report.
- Excessive force by officers can change how a jury or judge sees the encounter.
- No real flight or force, which keeps the case at the disorderly persons level.
How Resisting Arrest Charges Are Resolved
Common outcomes include dismissal, a downgrade to a disorderly persons offense or a municipal ordinance violation, conditional dismissal for eligible first offenders in municipal court, or Pretrial Intervention on an indictable charge. Dismissed charges can usually be expunged.
Hudson County Resisting Arrest FAQs
Is resisting arrest a felony in New Jersey?
It depends. Basic resisting is a disorderly persons offense. Resisting by flight is a fourth-degree crime, and resisting with force or a risk of injury is a third-degree crime.
Can I be charged with resisting if the arrest was illegal?
Yes. It is not a defense that the arrest was unlawful if the officer was acting under color of authority and announced the arrest. The unlawful arrest can still matter for the underlying charge.
What if I pulled away because I was in pain?
Resisting requires a purpose to prevent the arrest. Pulling away from pain or confusion is a recognized defense, and video often shows it.
Can resisting arrest be dismissed or downgraded?
Yes. Many resisting charges are dismissed with the underlying charge, downgraded to a disorderly persons or ordinance violation, or resolved through PTI.
Will a resisting arrest conviction affect my immigration status?
Basic resisting is generally not a crime involving moral turpitude, but the third-degree version involving force can carry more risk. Plan the plea with immigration in mind.
Where is a Bayonne or Kearny resisting arrest charge heard?
A disorderly persons resisting charge is heard in the municipal court of the town where the arrest happened, such as Bayonne or Kearny Municipal Court. Fourth- and third-degree resisting charges go to the Hudson County Superior Court in Jersey City.
Talk to a Hudson County Resisting Arrest Lawyer
Ask for the body-worn camera footage early; it is often the most important evidence in the case. Call our Jersey City office at (201) 793-8018 for a free, confidential case review. We answer 24/7, and se habla español. See our Hudson County assault and threat charges page for related charges.