Table of Contents

Table of Contents

Resisting Arrest in New Jersey

Our Approach

Our resisting arrest lawyers are committed to fighting your criminal charges. You will benefit from our extensive trial experience. Most importantly, we will be honest about your chances of winning your case. We never guarantee results. However, we absolutely guarantee that we will aggressively fight for you!

Your resisting arrest case is as important to us as it is to you.  Each case is different and we welcome the opportunity to protect & defend you.

When you hire us, you will get complete access to us. We respond to all communications & love answering questions. Our fees are reasonable and we offer payment plans. 

What is Resisting Arrest in New Jersey?

Under the New Jersey law (N.J.S.A. 2C:29-2), a person is guilty when he or she purposely prevents a law enforcement officer from effecting a lawful arrest. Here are some examples of resisting arrest:

  • Deliberately stopping a police officer from making an arrest.
  • Attempting to stop a police officer from making an arrest.
  • Deliberately stopping or attempting to stop an arrest by fleeing the scene.

Is Resisting Arrest a Felony or Misdemeanor?

Most typically, resisting arrest charges in New Jersey are Disorderly Persons Offenses (misdemeanors). These cases involve the police officer’s belief that you were “uncooperative” or “difficult” to arrest. Sometimes, you can get charged with resisting arrest because you argued or tried to talk your way out of your arrest.

A resisting arrest charge can become an Indictable (felony) case if you used “force” or “violence” against a police officer. You will usually be charged with Aggravated Assault in these situations.

Resisting Arrest Penalties

MISDEMEANOR PENALTIES

A misdemeanor resisting arrest charges in New Jersey carries up to six months in jail and up to a $1,000- fine.
If convicted, this crime will stay on your record for five years until it becomes eligible for expungement.
Other penalties include fines and community service.

Am I Ever Allowed to Resist Arrest?

No. We know it’s humiliating, but it’s better to not resist. The police must clearly state their intention to make an arrest prior to doing so. (N.J.S.A. 2C:29-2.) Let us fight it in court.

FELONY PENALTIES

Fourth Degree Crime
Fine – Up to $10,000
Sentence – Up to 18 months in jail
Third Degree Crime
Fine – Up to $15,000
Sentence – Up to 5 years in prison
Second Degree Crime
Fine – Up to $150,000
Sentence – Up to 10 years in prison

Legal Defenses To Resisting Arrest Charges

This is a very difficult question to answer.
New Jersey law allows a police officer to make an “unlawful” arrest if it “appeared reasonable” at the time.

For example, you may get arrested under a “mistaken identity” situation. Someone with your name may have an arrest warrant and the police officer “reasonably believed” that you were the person that needed to be arrested.
Once we learn that your arrest was a mistake, we can get your criminal charges dismissed.

important tip: Be Patient. You will Get Your Day in Court

Remember, a police officer has a very dangerous job. He or she needs to make split-second decisions under extreme pressure. If a police officer begins to place handcuffs on you, be patient, you’ll get your day in court. You just create more problems for yourself when you argue with or insult a police officer. And never push a police officer!

What's Eluding?

Eluding is similar to resisting arrest. But eluding usually occurs before you get arrested. Eluding charges involve “flight” or an attempt to “escape” from a police officer during a traffic stop.

nj resisting arrest

What's Obstruction of Justice?

Again, here’s another charge that is similar to resisting arrest. Obstruction of Justice charges involve “interfering” with or “getting in the way” of a police officer’s investigation.

resisting arrest

Learn More With These Helpful Articles

  • Get Help With Your Resisting Arrest Case

If you would like to meet with us to discuss your case, we offer FREE consultations.

How can we help you?