Resisting arrest charges are normally the result of a defendant’s alcohol or drug consumption when they become belligerent or incoherent. But it can even be the result of a defendant trying to flee on foot after being order to stop. New Jersey takes resisting arrest charges very seriously because it normally involves violence or force towards a police officer. A conviction for resisting arrest will result in a permanent criminal record and can expose you to community service, probation and incarceration. As founding partner, Will Proetta, Esq., has successfully handled thousands of criminal and municipal court charges including resisting arrest throughout his career. We defend clients for resisting arrest and related charges such as DWI, Disorderly Conduct, Obstruction of Justice, and Hindering Apprehension throughout Hudson County, New Jersey including North Bergen, Harrison, Bloomfield, Bayonne, Guttenberg, Secaucus, and Union City. If you would you would like to speak with a criminal defense lawyer then please contact our Jersey City office at (201) 793-8018 for a free initial consultation.
2C:29-2 Resisting Arrest New Jersey Law
The New Jersey law governing resisting arrest charges is listed below, in pertinent part, for your convenience.
§ 2C:29-2. Resisting Arrest
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.
As strange as it might sound, it is not a valid defense if the arrest was not lawful. All that is required for a resisting arrest conviction is that the police officer is acting within his official duties and announces his intention to arrest prior to any resistance.
Jersey City NJ Lawyer for Resisting Arrest
As seen in the above statute, resisting arrest is typically a disorderly persons offense but it can be easily escalated to a fourth degree and third degree felony if a defendant interferes with an arrest, uses or threatens force against a police officer. This is why it should be no surprise that resisting arrest is commonly amended to aggravated assault of a police officer when physical force is actually used against any arresting officers. At the Law Offices of William A. Proetta, our experienced criminal lawyers are often able to get our client’s resisting arrest charges downgraded, dismissed altogether, or secure admittance into a Pre-Trial Intervention. Our law firm defends clients for resisting arrest charges throughout New Jersey including Montclair, Weehawken, Belleville, Kearny, West New York, Hoboken, and Nutley. With an office conveniently located in Jersey City, we defend clients throughout northern New Jersey charged with serious criminal offenses. If you would like to speak with an experienced resisting arrest lawyer regarding your case, then contact our Jersey City office at (201) 793-8018 for a free consultation.
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