New Jersey Section 2C:29-2 – Resisting arrest, eluding officer

Understanding New Jersey’s Laws on Resisting Arrest and Eluding Officers

Getting arrested can be a scary and confusing experience for anyone. Your natural instinct may be to pull away or even run from the police officers trying to detain you. However, it’s important to understand that in New Jersey, resisting arrest or fleeing from police is illegal, even if you believe the arrest is unjustified.

Resisting Arrest in New Jersey

Under New Jersey statute 2C:29-2a, it is illegal to purposefully prevent or attempt to prevent a law enforcement officer from making an arrest, even if you believe the arrest is unlawful. There are a few key points to understand about this statute:

• It applies to any purposeful acts to prevent arrest, including physically struggling, hiding from officers, providing false information, or simply running away. Threatening violence against officers can also qualify.
• The crime is normally a disorderly persons offense, punishable by up to 6 months in jail.
• It becomes a 4th degree crime if you resist by fleeing or attempting to flee from officers. This elevates the punishment to up to 18 months in prison.
• Resisting arrest becomes a 3rd degree crime if you threaten or use physical force against officers, or otherwise endanger them or others while resisting. This is punishable by 3-5 years in prison.

So in summary, resisting arrest in any way is illegal in New Jersey, even if you believe the arrest is wrongful. The penalties get more severe if you flee or endanger officers while resisting. It’s important to comply with officers to avoid escalating charges.

Eluding Police Officers in New Jersey

Statute 2C:29-2b specifically covers eluding police officers while operating a motor vehicle or vessel. This charge, sometimes called “failure to stop” comes into play when:

• You are signaled by an officer to pull over and stop your car or boat, usually by emergency lights or siren.
• You know an officer is signaling you to stop.
• You intentionally continue driving or sailing away, disobeying the officer’s lawful order.

Like resisting arrest, eluding is a 3rd degree crime in New Jersey, punishable by 3-5 years in prison simply for that act alone. However, it becomes a 2nd degree crime if your actions create risk of death or injury to any person. This enhances the possible punishment to 5-10 years in prison.

It’s important to note that even momentary hesitation or confusion about pulling over can sometimes lead to eluding charges. The key is that officers must prove you knowingly and intentionally continued driving or sailing away after being signaled to stop.

Defenses Against Resisting Arrest and Eluding

While resisting arrest and eluding charges should always be taken seriously, there may be defenses an experienced criminal defense attorney can raise on your behalf:

• You didn’t realize it was a police officer: Mistaken identity can sometimes invalidate resisting arrest charges if you truly did not know officers were trying to detain you. This may apply if they were in plain clothes or did not adequately identify themselves.
• No intentional resistance occurred: If your actions were accidental or instinctual rather than purposeful, it may not qualify as resisting arrest. For example, reflexively pulling your arm away initially may not meet the intent requirement.
• No “flight” occurred: Simply refusing to put your hands behind your back may not legally amount to resisting by flight. Running away or hiding from officers is required for the more serious 4th degree charge.
• No signal to stop or intent to elude: A momentary lapse of judgment when an officer signals to pull over may not qualify as intentionally eluding police. Any confusion or misunderstanding about the signal could invalidate the charges.
• Unlawful arrest: While resisting an unlawful arrest is still illegal in New Jersey, if the arrest was improper, any charges stemming from your resistance may be dismissed. This depends on the specifics of your case.

Consequences of Conviction

If convicted of resisting arrest or eluding officers, there are a number of possible penalties in addition to potential jail time:

• Criminal record: All of these crimes lead to a permanent criminal record that can affect future employment and other opportunities.
• Fines: You may face significant court fines and fees upwards of several thousand dollars.
• License suspension: A conviction for eluding police automatically results in a 1-2 year driver’s license suspension.
• Deportation: Non-citizens charged with these crimes should consult an immigration attorney, as even a disorderly persons offense may lead to removal in some cases.
• Civil lawsuits: If officers or bystanders were injured while you resisted or eluded police, you may face civil lawsuits to recover damages.

Expungement of Criminal Records

• You must wait 5 years from completion of your sentence to expunge a disorderly persons or 4th degree conviction.
• 3rd degree convictions can only be expunged after 10 years.
• You cannot have any other indictable convictions on your record.
• Multiple disorderly convictions make you ineligible.

Consult with an expungement attorney to understand if you may qualify for record clearing relief. The expungement attorneys at Rosenblum Law have extensive experience helping clients erase past charges from their records.