Wall Township NJ Resisting Arrest Defense Attorneys
In New Jersey, resisting arrest charges can arise under a host of circumstances. Perhaps there was a simple miscommunication between you and an officer or you believe that the arrest itself is unjustified. Regardless of the series of events, you are held responsible if you attempt to prevent an officer from affecting an arrest for any reason. Although this seems outrageous, you are entitled to have your voice heard when faced with these charges, and an experienced attorney can serve as an invaluable asset when seeking to clear your name.
For example, it is very possible to have a resisting arrest charge reduced or dismissed entirely if the arresting officer did not explicitly communicate his or her intention at the time of the arrest. In addition, inappropriate police conduct immediately prior to or during the arrest may provide grounds for a dismissal. It is extremely important to examine every detail of the police report and to consult with potential witnesses in order to build a compelling defense against resisting arrest charges. The stakes are high, considering the potential for up to 5 years in New Jersey State Prison, depending on the degree of the charges against you.
At Chamlin, Rosen, Uliano & Witherington, our highly experienced attorneys have been representing clients in Monmouth County for over 50 years. Led by Certified Criminal and Civil Trial Attorney Charles J. Uliano, who has appeared in criminal courts on both the State and Federal level, our knowledge of the law and aggressive advocacy has helped countless clients to emerge unscathed from criminal prosecution. To discuss your case with a member of our talented criminal defense team, contact our West Long Branch offices today at 732-440-3950.
Resisting Arrest in New Jersey: N.J.S.A. 2C:29-2
The New Jersey Criminal Code addresses resisting arrest in section N.J.S.A. 2C:29-2, stating the following with regard to these offenses:
(1) Except as provided in paragraph (3), a person is guilty of a disorderly persons offense if he purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest.
(2) Except as provided in paragraph (3), a person is guilty of a crime of the fourth degree if he, by flight, purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest.
(3) An offense under paragraph (1) or (2) of subsection a. is a crime of the third degree if the person:
(a) Uses or threatens to use physical force or violence against the law enforcement officer or another; or
(b) Uses any other means to create a substantial risk of causing physical injury to the public servant or another.
Penalties for Resisting Arrest in New Jersey
As outlined above, a typical charge for resisting arrest is graded as a disorderly persons offense, which is adjudicated at the local municipal court in the municipality in which the alleged offense occurred and carries a sentence to serve up to 6 months in the county jail, as well as a fine of up to $1,000. On the other hand, resisting arrest may be elevated to a fourth degree felony if the defendant attempts to resist the arrest by fleeing the scene. A conviction for fourth degree resisting arrest may result in a sentence to serve up to 18 months in New Jersey State Prison, as well as a fine of up to $10,000. In still other cases, resisting arrest is further enhanced to a third degree crime when the person uses or threatens to use physical force or creates a significant risk of physical injury. In these cases, the defendant is exposed to a term of incarceration ranging from 3 to 5 years in New Jersey State Prison and a maximum fine of $15,000.
Contact Monmouth County NJ Resisting Arrest Attorneys to Discuss Your Case
When accused of resisting arrest, your reputation and your future are placed in jeopardy, as a criminal record could significantly impact employment and other opportunities for the rest of your life. Rest assured, however, that an experienced criminal defense attorney can position you for the best possible outcome. At Chamlin, Rosen, Uliano & Witherington, our attorneys have been tirelessly advocating for clients accused of crimes in Monmouth County for decades. Call to learn more about how we will work toward protecting your future. Our West Long Branch office can be reached at 732-440-3950.