Resisting Arrest Charges in Hudson County

Resisting arrest charges in New Jersey are normally the result of a defendant’s alcohol or drug consumption when they become belligerent or incoherent. But it can even be the result of a defendant trying to flee on foot after being ordered to stop. New Jersey takes resisting arrest charges very seriously because it normally involves violence or force towards a police officer. A conviction for resisting arrest will result in a permanent criminal record and can expose you to community service, probation and incarceration. As founding partner, Will Proetta, Esq., has successfully handled thousands of criminal and municipal court charges including resisting arrest throughout his career. We defend clients for resisting arrest and related charges such as DWI, Disorderly Conduct, Obstruction of Justice, and Hindering Apprehension throughout Hudson County, New Jersey including North Bergen, Harrison, Bloomfield, Bayonne, Guttenberg, Secaucus, and Union City. If you would you would like to speak with a criminal defense lawyer then please contact our Jersey City office at (201) 740-5804 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.

WHAT IS RESISTING ARREST?

As illogical as it might sound, in New Jersey you are not even allowed to resist arrest when the arrest is completely unlawful. As long as the officer announces his intention to make an arrest and is operating in an official capacity, resisting the arrest or attempting to prevent it is considered a crime. Nevertheless, there are defenses available when confronting a resisting arrest charge. For example, if you were injured or in pain and attempting to free yourself because the officer was hurting you, this may be an effective issue to raise in court. On the other hand, if you grab the police officer’s weapon to get him to stop hurting you, you may be charged with a separate crime for attempting to disarm a police officer. An experienced New Jersey criminal defense lawyer can examine the circumstances of your specific case to identify the best avenue for dismissal. In some cases, a diversionary program may be a good option to have the charges dismissed after completing a probationary period.

UNDERSTANDING NJ RESISTING ARREST CHARGES

Resisting arrest is not a single, fixed charge in New Jersey. Under N.J.S.A. 2C:29-2, the severity depends entirely on how a person is alleged to have resisted — meaning the same statute can produce anything from a disorderly persons offense to a third-degree felony. Identifying which tier your charge falls under is the first step in understanding what you are actually facing.

Resisting Arrest as a Disorderly Persons Offense

The base-level charge applies when a person purposely prevents or attempts to prevent an officer from effecting an arrest, without using force or fleeing. This is the least severe form of resisting arrest, but it is still a criminal charge — not a traffic violation — and a conviction carries up to 6 months in county jail, a fine of up to $1,000, and a permanent criminal record.

Resisting by Flight: A Fourth-Degree Crime

If a person attempts to prevent an arrest by fleeing — running after being ordered to stop — the offense is elevated to a fourth-degree crime, punishable by up to 18 months in state prison and a fine of up to $10,000. The act of running is enough on its own to trigger this more serious charge, even when there is no physical contact with the officer.

Force, Threats, or Risk of Injury: A Third-Degree Crime

The most serious form of resisting arrest is charged when a person uses or threatens physical force or violence against an officer, or creates a substantial risk of physical injury to the officer or another person. This is a third-degree crime carrying 3 to 5 years in state prison and a fine of up to $15,000. Because these cases involve alleged force against law enforcement, they are frequently charged alongside — or upgraded to — aggravated assault on a police officer, which raises the stakes considerably.

How a charge is graded often comes down to the officer’s account and the available evidence, and that grading is frequently open to challenge. An experienced criminal defense attorney can examine whether the conduct alleged actually supports the degree charged and work to have the offense downgraded to a less severe classification.

NORTH BERGEN NJ LAWYER FOR RESISTING ARREST

As seen in the above statute, resisting arrest is typically a disorderly persons offense but it can be easily escalated to a fourth degree and third degree felony if a defendant interferes with an arrest, uses or threatens force against a police officer. This is why it should be no surprise that resisting arrest is commonly amended to aggravated assault of a police officer when physical force is actually used against any arresting officers. At the William Proetta Criminal Law, our experienced criminal lawyers are often able to get our client’s resisting arrest charges downgraded, dismissed altogether, or secure admittance into a Pre-Trial Intervention. Our law firm defends clients for resisting arrest charges throughout New Jersey including Montclair, Weehawken, Belleville, Kearny, West New York, Hoboken, and Nutley. With an office conveniently located in Jersey City, we defend clients throughout northern New Jersey charged with serious criminal offenses. If you would like to speak with an experienced resisting arrest lawyer regarding your case, then contact our Jersey City office at (201) 740-5804 for a free consultation.