Morristown NJ Resisting Arrest Lawyer
Criminal Defense Attorneys in Morris County, New Jersey
Resisting Arrest is a commonly charged offense in the State of New Jersey because officers are given great discretion as to what constitutes resisting arrest. Often, an officer will arrest the individual on the basis of what he or she feels is disrespect to the authority of law. As soon as you know that you are being arrested, you must comply with the officer’s commands, even if you are innocent. The penalties for a resisting arrest charge can be severe, including prison time. Additionally, a resisting arrest charge is often accompanied by an assault charge. This can lead to more severe penalties because a resisting arrest charge does not merge with an assault charge.
If you or a loved one has been charged with resisting arrest in New Jersey, it is imperative that you speak with an experienced criminal defense attorney. The Tormey Law Firm represents clients charged with resisting arrest, aggravated assault, and disorderly conduct throughout New Jersey, including in Dover, Parsippany, and Morristown. Our founding partner, Travis J. Tormey, has been representing clients in New Jersey for years, and he focuses his practice solely on criminal defense and drunk driving defense. Attorneys from the Tormey Law Firm appear in courts throughout northern New Jersey on a daily basis. Contact our offices anytime at 866-949-6948 for immediate assistance and a free consultation about your case.
Resisting Arrest in New Jersey: N.J.S.A. 2C:29-2
Resisting arrest in New Jersey is a criminal charge governed by N.J.S.A. 2C:29-2, which provides, in pertinent part:
a. (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.
It is not a defense to a prosecution under this subsection that the law enforcement officer was acting unlawfully in making the arrest, provided he was acting under color of his official authority and provided the law enforcement officer announces his intention to arrest prior to the resistance.
What Happens if you are Convicted of Resisting Arrest in New Jersey?
A third degree crime has a presumption of non-incarceration for a person with no prior criminal record. However, if you have a prior record and you are charged with a third degree resisting arrest offense, you could be looking at three (3) to five (5) years in New Jersey State Prison.
If the resistance is by flight, then it is a crime of the fourth degree. Flight and the use of force enhance the crime under New Jersey law. A fourth degree crime has a maximum term of imprisonment of 18 months in NJ State Prison. A disorderly persons offense is punishable by six (6) months in the county jail.
Contact a Boonton NJ Resisting Arrest Lawyer Today
Resisting arrest charges are extremely common in New Jersey. Unfortunately, resisting arrest charges are also accompanied by stiff penalties. This means that a person charged with resisting arrest almost always needs the help of an experienced criminal defense attorney.
With offices conveniently located in Morristown, NJ, the Tormey Law Firm represents clients throughout northern New Jersey on a daily basis. If you’ve been charged with a criminal offense in New Jersey, contact our offices anytime at 866-949-6948 for a free consultation.