NJ NJ Case Law: Disorderly Persons Charge of Resisting Arrest Lawyers

NJ Case Law: Disorderly Persons Charge of Resisting Arrest

Getting charged with resisting arrest in New Jersey can be scary. It’s a disorderly persons offense that can lead to fines and even jail time. But with the right lawyer, you may be able to get the charges dismissed or reduced. This article will break down the law and legal precedents around resisting arrest charges in NJ. We’ll also discuss possible defenses and the implications of being convicted.

Resisting Arrest Charges in New Jersey

In New Jersey, resisting arrest falls under the disorderly persons statute 2C:29-2. This law states that you can be charged with resisting arrest if you:

• Use or threaten force to prevent an officer from making a lawful arrest
• Purposely interfere with or prevent an officer from making a lawful arrest
• Flee from an officer trying to arrest you, providing the officer made it clear they want you to stop

Resisting arrest is usually a disorderly persons offense. This is a misdemeanor charge handled in municipal court. If convicted, you can face up to 6 months in jail and fines up to $1,000–yikes! But in some cases, prosecutors may charge resisting arrest as a 4th degree indictable offense. This ups the possible jail time to 18 months. Prosecutors tend to do this if you injured an officer while resisting or fled the scene in a car.

Key NJ Legal Precedents

There are a few key legal precedents that shape how NJ courts interpret resisting arrest charges:

State v. Mulvihill (1979)

In this case, the NJ Supreme Court ruled that defendants don’t have a right to resist arrest, even if they believe the arrest is unlawful. As long as the officer is acting in their official capacity, you can’t use force to get away.

State v. Koonce (1987)

This case established that you don’t have to use actual physical force against an officer to be guilty of resisting arrest. The court ruled that passive resistance like refusing to move your arms or go limp can count as “physical interference.”

State v. Crawley (1999)

In this case, the court said defendants can be found guilty of resisting arrest even if the initial arrest was unlawful. As long as the officer was acting in an official capacity, resistance is illegal.

Possible Defenses

Even though the courts give police a lot of leeway with resisting arrest charges, you may still be able to get the charges dismissed or reduced by raising one of these defenses:

You didn’t actually resist

If you didn’t actually use force, threaten force, flee, or interfere with the arrest, you aren’t guilty of resisting. For example, in State v. Valentin (2005), the court dismissed a resisting charge because the defendant merely asked “Why?” when being arrested, which didn’t amount to resistance.

The police used excessive force

You are allowed to defend yourself if the officer uses excessive force during the arrest. But the force you use in response has to be reasonable and proportional to the officer’s actions. Punching an officer who forcibly twists your arm would likely be seen as reasonable, while pulling a gun probably wouldn’t.

You were unlawfully arrested

While you can’t resist even an unlawful arrest, you can still challenge the lawfulness of the arrest itself. If the arrest was unlawful, any charges stemming from it, like resisting arrest, may have to be dropped.

You were misidentified

If the police mistook you for someone else with an outstanding warrant, a resisting charge won’t stick because the arrest wasn’t actually lawful.

Implications of a Conviction

The consequences of being convicted of resisting arrest can be serious:

• Jail time – Up to 6 months for disorderly persons, up to 18 months if indictable offense.
• Fines – Up to $1,000 for disorderly persons, higher for indictable.
• Probation – Resisting arrest convictions often lead to probation.
• Permanent criminal record – The offense stays on your record forever.
• Loss of rights – You may lose the right to possess a firearm, vote, hold public office, etc.
• Impact on future arrests – Resisting arrest on your record can increase penalties for future offenses.
• Immigration issues – This misdemeanor conviction can lead to deportation for non-citizens.

Because the penalties can be so severe, it’s critical to speak to a lawyer as soon as possible after being charged with resisting arrest. An experienced attorney may be able to negotiate with the prosecutor to get charges reduced or dismissed entirely.

Finding the Right Lawyer

Here are a few tips for choosing the right lawyer to defend your resisting arrest charge:

• Find a criminal defense attorney. Handling criminal charges is very different from other legal practice areas.
• Look for a lawyer familiar with local courts and prosecutors. This inside knowledge can inform their defense strategy.
• Consider a former prosecutor. Their perspective from “the other side” can be invaluable.
• Ask about trial experience. Be ready to take your case to trial if necessary.
• Meet for a consultation. Make sure you feel comfortable with the attorney.
• Discuss legal fees upfront. Get clarity on what services are covered.

With an experienced criminal defense lawyer in your corner, you’ll have the best possible chance at a favorable outcome for your resisting arrest charge. Don’t leave your fate to chance – get legal help now.