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NJ Resisting Arrest Offense Lawyers
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Overview of Resisting Arrest in New Jersey
Resisting arrest is a criminal offense in New Jersey that involves using force or threatening to use force to avoid being arrested or detained by a law enforcement officer. This can include physically struggling, fleeing, or even verbally threatening an officer. Resisting arrest charges are taken very seriously and can result in significant penalties if convicted.
There are generally two levels of resisting arrest offenses in NJ:
- Disorderly Persons Offense – For passive resistance like refusing to cooperate or pulling away from an officer. This is a misdemeanor level charge.
- 3rd or 4th Degree Crime – For more active resistance involving physical force or violence. This is a more serious felony level charge.
Penalties if convicted of resisting arrest in NJ can include fines, probation, and jail time – especially for felony level charges. A conviction can also negatively impact future job, housing, or other opportunities.
Possible Defenses to Resisting Arrest Charges
There are several defenses that a knowledgeable criminal defense attorney may be able to raise on your behalf to fight resisting arrest charges, such as:
- No Probable Cause – If the officer did not have a valid reason to arrest you in the first place, resisting can’t apply.
- Self-Defense – If the officer used excessive force and you were protecting yourself, resistance may be justified.
- Misidentification – If you were mistaken for someone else with an outstanding warrant.
- Involuntary Reaction – Resistance was an unintentional or instinctive reaction you could not control.
An experienced lawyer can evaluate the details of your case and determine if any defenses may apply. They can also negotiate with prosecutors for reduced charges or diversion programs that may allow charges to be dismissed.
Fighting resisting arrest charges in New Jersey takes skill and in-depth knowledge of state laws. Consulting with a criminal defense attorney is highly recommended if you are facing these types of allegations.
Choosing the Right Lawyer for Your Case
When facing a resisting arrest charge in New Jersey, it’s crucial to find the right criminal defense attorney to represent you. A skilled lawyer can help protect your rights, build a strong defense, and potentially negotiate for reduced charges or even dismissal of the case[1]. Here are some benefits of hiring a criminal defense lawyer:
- They have in-depth knowledge of the legal system and can navigate it effectively[2].
- They can provide emotional support and reassurance during a stressful time[23].
- They can help you understand the court process and the roles of various parties involved[14].
- They can examine evidence and develop a strong defense strategy[24].
- They have connections in the legal system, which can be beneficial for your case[2].
Defending Against Resisting Arrest Charges
There are several potential defenses that a skilled attorney can raise on your behalf to fight resisting arrest charges in New Jersey:
- No Probable Cause: If the officer did not have a valid reason to arrest you in the first place, resisting arrest charges may not apply[3].
- Self-Defense: If the officer used excessive force and you were protecting yourself, resistance may be justified[1].
- Misidentification: If you were mistaken for someone else with an outstanding warrant[1].
- Involuntary Reaction: Resistance was an unintentional or instinctive reaction you could not control[1].
An experienced criminal defense attorney can evaluate the details of your case and determine if any of these defenses may apply. They can also negotiate with prosecutors for reduced charges or diversion programs that may allow charges to be dismissed[1].
Penalties for Resisting Arrest in New Jersey
Resisting arrest charges in New Jersey can be classified as either a disorderly persons offense (misdemeanor) or an indictable offense (felony), depending on the circumstances[1]. Penalties for a conviction can include:
- Disorderly persons offense: Up to six months in jail and/or a fine of up to $1,000[24].
- Indictable offense: Potential prison time, higher fines, and a longer-lasting criminal record[1].
A conviction for resisting arrest can have long-lasting consequences, including a criminal record that may impact future job, housing, or other opportunities[1]. Therefore, it’s essential to consult with an experienced criminal defense attorney if you’re facing these types of allegations.