Point Pleasant Beach Resisting Arrest Offense

Resisting Arrest in Point Pleasant Beach: Understanding the Charges and Possible Defenses

Point Pleasant Beach is a popular Jersey Shore destination known for its boardwalk, beaches, and vibrant nightlife. But sometimes, the party can get out of hand. Allegations of resisting arrest are not uncommon in Point Pleasant Beach, especially in cases involving alcohol or disorderly conduct. As a Point Pleasant Beach defense lawyer, I’ve handled many resisting arrest cases over the years. In this article, I’ll break down the common charges, penalties, and possible defenses so you can better understand what to do if accused of resisting arrest in Point Pleasant Beach.

What Does “Resisting Arrest” Mean in New Jersey?

In New Jersey, the umbrella term “resisting arrest” can refer to several related criminal offenses:

• Hindering Apprehension or Prosecution (N.J.S.A. 2C:29-3) – Knowingly obstructing, impairing, or preventing the apprehension, prosecution, conviction or punishment of another person. This could include harboring or concealing a suspect, providing false information, destroying evidence, or resisting arrest.
• Obstructing Administration of Law or Other Government Function (N.J.S.A. 2C:29-1) – Using or threatening force to intentionally obstruct, impair, or pervert the administration of law or other governmental function. Resisting arrest is a common example.
• Eluding (N.J.S.A. 2C:29-2) – Knowingly fleeing or attempting to elude a law enforcement officer after receiving a signal to stop. Often charged along with resisting arrest.
• Disorderly Conduct (N.J.S.A. 2C:33-2) – Doing anything to cause public inconvenience, annoyance or alarm. Resisting arrest often leads to disorderly conduct charges.

The common thread is that resisting arrest involves taking affirmative steps to evade or obstruct an arrest. It’s more than just running away or not following orders. There must be some volitional act to thwart police apprehension.

Potential Penalties for Resisting Arrest in New Jersey

Resisting arrest and related charges are usually considered disorderly persons offenses or 3rd/4th degree indictable crimes in New Jersey. Potential penalties include:

• Up to 6 months in jail for disorderly persons resisting arrest.
• Fines up to $1,000.
• 3-5 years in prison for indictable resisting arrest/eluding.
• Permanent criminal record.
• Driver’s license suspension for eluding police in a motor vehicle.
• Difficulty finding employment or housing with a criminal record.
• Exclusion from diversionary programs like PTI.

The penalties imposed depend on the exact charges, your criminal history, and mitigating circumstances. But make no mistake – resisting arrest convictions should not be taken lightly. The collateral consequences can be severe.

Recent Resisting Arrest Cases in Point Pleasant Beach

Point Pleasant Beach has seen its share of controversial resisting arrest cases over the years. Here are a few that made headlines:

• July 2020 – Viral video shows several Point Pleasant Beach police officers arresting a suspect on the boardwalk. The violent takedown led to public outcry and allegations of excessive force, but the chief defended the officers’ actions.[4][5]
• June 2021 – A Toms River man was charged with aggravated assault on police, resisting arrest, and marijuana possession after a late night incident on the Point Pleasant Beach boardwalk. Police said he refused orders to leave and became combative.
• August 2022 – Police used pepper spray to subdue a suspect after he allegedly resisted arrest following a fight outside a Point Pleasant Beach bar. The man claimed he was not resisting and criticized the officers’ use of force.
• September 2022 – A Lakewood man was charged with resisting arrest and assault on police after refusing to leave a restaurant on the boardwalk. When officers attempted to place him under arrest, he allegedly became violent and injured two officers.

As you can see, tensions can run high when police confront intoxicated bar patrons or disorderly crowds along the Point Pleasant Beach boardwalk. Resisting arrest charges often result.

Possible Defenses to Resisting Arrest in Point Pleasant Beach

If you are charged with resisting arrest, don’t panic. There are viable defenses an experienced criminal lawyer can raise on your behalf:

• You did not actively resist arrest or try to flee – For example, you froze out of fear or were slow to comply with orders. Passive non-compliance is not criminal resistance.
• The police used excessive force – If the officers far exceeded the force required to effectuate arrest, your actions may have been legally justified self-defense.
• Mistaken identity – You were misidentified as the suspect police were seeking to arrest.
• No probable cause for the arrest – If there was no legal basis to arrest you in the first place, you had the right to resist an unlawful arrest.
• Mental illness – You can argue you lacked criminal intent due to mental defects or involuntary intoxication.
• Self-defense – You used reasonable force to protect yourself from an unprovoked attack by the officers.

An experienced lawyer can help investigate the arrest, interview witnesses, and build a defense around the specific facts of your case.