NJ Case Law: Disorderly Persons Charge of Resisting Arrest

NJ Case Law: Disorderly Persons Charge of Resisting Arrest

Being arrested can be a scary and confusing situation for anyone. Even if you feel the arrest is unjustified, it’s natural to want to pull away or question the officer. However, in New Jersey, resisting arrest is actually a criminal offense that can lead to fines and jail time.

What is Resisting Arrest in New Jersey?

Resisting arrest refers to any actions, physical or verbal, that attempt to prevent a police officer from making an arrest. This includes struggling, fleeing, hiding from police, or providing false information. Simply questioning or verbally protesting an arrest is not resisting, but anything that impedes the officer’s ability to take you into custody can be considered resisting.

Under N.J.S.A. 2C:29-2, resisting arrest is typically charged as a disorderly persons offense. This is a misdemeanor charge handled in municipal court, punishable by up to 6 months in jail.

If you flee or run away from police, it becomes a 4th degree crime, punishable by up to 18 months in prison. And if you use or threaten physical force, it rises to a 3rd degree crime with up to 5 years imprisonment.

Elements the Prosecution Must Prove

For a resisting arrest charge, the prosecution must prove:

• The officer was attempting a lawful arrest
• You purposely prevented or attempted to prevent being arrested
• The officer was acting in an official capacity and stated their intent to arrest you

The arrest does not have to be for an actual crime committed. Even if the charges are dropped later, resisting an attempted arrest is still illegal.

However, the officer must have legal grounds to arrest you in that moment. If they detain you unlawfully, you have the right to resist.

Potential Defenses to Resisting Arrest

There are defenses that your attorney can raise to fight a resisting arrest charge:

• You did not understand you were being arrested
• You reflexively pulled away but did not intend to resist
• The officer lacked probable cause or authority to arrest you
• You were exercising your right to question/protest the arrest
• Your actions did not actually impede the arrest

An experienced criminal defense lawyer can evaluate the details of your case to determine if any defenses apply.

Consequences of a Resisting Arrest Conviction

The penalties for a resisting arrest conviction depend on the degree of the offense:

• Disorderly Persons – Up to 6 months in jail and a fine up to $1,000
• 4th Degree – Up to 18 months in prison and a fine up to $10,000
• 3rd Degree – 3-5 years in prison and a fine up to $15,000

A resisting arrest conviction also gives you a permanent criminal record. This can hurt job, housing, and other life prospects.

However, you may be able to have the record expunged if it’s your first offense. An experienced criminal defense attorney can advise you on expungement eligibility.

Finding the Right Criminal Defense Attorney

Resisting arrest charges should always be taken seriously. An aggressive defense lawyer can often get charges reduced or even dismissed.

Look for an attorney experienced in defending resisting arrest cases. They will know how to examine the arrest for unlawful actions by police and build a strong defense to protect your rights.

With the stakes so high, it’s important to have skilled legal representation. Don’t leave your fate to chance – consult a criminal defense lawyer immediately if you are facing resisting arrest charges.