Belvidere Resisting Arrest Lawyers

Criminal Defense Attorneys in Warren and Sussex County, New Jersey

Resisting Arrest

In New Jersey, resisting arrest is a crime in and of itself. In other words, if you are accused of a crime in Warren County or Sussex County and the police attempt to effectuate an arrest for one thing, resisting arrest will only result in a charge for another crime. Whether the accusation is one of simply being overly uncooperative, running away from the police, or putting up a physical fight, resisting arrest may be either a disorderly persons offense or a fourth or third degree crime. In any event, any charge for resisting arrest may result in jail time and fines. If you are charged with resisting arrest in Sussex County or Warren County, the criminal defense team at the Tormey Law Firm can help. Our highly experienced NJ criminal defense lawyers have successfully fought resisting arrest charges in Belvidere, Lopatcong, Newton, Phillipsburg, Sparta, and throughout New Jersey. We have a proven track record and are dedicated to protecting our client’s rights. To discuss your case with one of our skilled defense attorneys, contact us today at 973-755-1695. We provide consultations free of charge.

Resisting Arrest Defense Lawyers in Phillipsburg NJ

Pursuant to N.J.S.A. 2C:29-2(a), the New Jersey Criminal Code provides a person is guilty of a resisting arrest if he purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest. Generally, resisting arrest is a disorderly persons offense. However, resisting arrest is a fourth degree crime if, by flight, the person resisting arrest purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest. Additionally, resisting arrest is a third degree crime if the person uses or threatens to use force or physical violence against the law enforcement officer or another or uses any other means to create a substantial risk of causing physical injury to the public servant or another.

Moreover, it is not a defense to prosecution of resisting arrest that the law enforcement officer was acting unlawfully in making the arrest, provided the law enforcement officer was acting under the color of official authority and provided the law enforcement officer announces his intention to arrest prior to the resistance. In other words, even if there is no probable cause for the arrest, a person is not permitted to take the law into their own hands and resist arrest by an officer who is acting under the authority of law. That is, the time to contest the lawfulness of the arrest will come in court – not at the time of the arrest itself.

What Happens if You are Convicted of Resisting Arrest in New Jersey?

The penalties for resisting arrest in New Jersey are as follows: a conviction of a disorderly persons offense of resisting arrest is punishable by up to six months in jail and up to a $1,000 fine; a conviction of fourth degree resisting arrest is punishable by up to eighteen months in prison and up to at $10,000 fine; and a conviction of third degree resisting arrest is punishable by three to five years in prison and up to a $15,000 fine. Additionally, any conviction for resisting arrest will result in a permanent criminal record.

Contact Hackettstown Resisting Arrest Lawyers for a Free Consultation

If you are charged with resisting arrest, call the Sussex and Warren County criminal defense lawyers at the Tormey Law Firm to learn more about the charges, the potential consequences, and how to fight the charges. We will take the time to listen to your specific circumstances, provide the answers to your questions, and make sure you know someone is on your side.