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- 200 Passaic St. Hackensack, NJ 07601
Resisting Arrest- The Basics
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.
Resisting Arrest Law - 2C:29-2
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.
Resisting Arrest - 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.
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
Resisting Arrest - 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.
Resisting Arrest - Defenses
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.
Resisting Arrest & 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.
Resisting Arrest & Obstruction of Justice
Again, here’s another charge that is similar to resisting arrest. Obstruction of Justice charges involves “interfering” with or “getting in the way” of a police officer’s investigation.
Our Experience
You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.
Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey The New Jersey Law Journal recently published one of his articles on the subject of criminal law.
How We Can Help
Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.
If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.
Our Practice Areas
Below, you will find a few of our practice areas.
Areas We Serve
Our Hackensack criminal lawyers represent clients in Bergen County & nearby counties & cities.
Get Help With Your Case
How Do Your Free Consultations Work?
There are plenty of excellent Hackensack criminal lawyers in our area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.
The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.
We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars.
When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.
What our clients say about us
Rosales Karen
03:24 18 Dec 22
Exelente abogado merece más de 5 estrellas una persona seria humilde el abogado alan es bien educado habla español trata de lo mejor A sus clientes exelente persona 😄 ✌
Drew C
22:39 15 Dec 22
Just want to express my gratitude for Alan and how he handled the case in a professional, transparent and timely manner. I was pulled over on a bs stop and was hit with multiple fines on top of a criminal offense and it was handled as smoothly as I could possibly ask for. Thank you again Alan.
Aleco
21:21 13 Dec 22
This guy is down to earth friendly, easily works with you and is the best of the best when it comes to law. Alan really helped me out on a tough case and I couldn’t recommend anyone better.
Jonathan Rodriguez
15:16 05 Dec 22
Best lawyer in town very happy with the results, communication and pricing, Alan will fight for you to get the best results. After one year he never stop working in my case until he got what he wanted for me. 100% I will back if I ever need his help again.
Quashawn Ross
16:15 25 Oct 22
I wanted to wholeheartedly thank you for your expertise and wisdom regarding my matter. You fount hope for me when I thought there wasn’t any. Thank you for your exceptional service and professionalism you displayed throughout my case and afterwards. I had to make sure I left you a thoughtful review, as it was well needed. Once again thanks from the heart. I’d recommend you a thousand times. No fabricated representation, just real results.
D S
20:51 19 Sep 22
Absolutely Amazing Law Firm !! Very Thorough And And Doesn't Play Any Games .Thank You Again For all your help and Hard work Also Keeping my record Spotless !!!
Kayla Wilson-Raditch
19:45 24 Aug 22
Alan was amazing for my family member’s case. Highly recommended!
Jean-Carlo Delgado
14:21 17 Aug 22
Excellent lawyer! Responds immediately to any questions asked. My case was dismissed and I was able to keep my job, couldn't have asked for a better lawyer.
Laurie Rivera
17:35 02 Aug 22
Highly recommended! Got a family member that got in trouble and he was able to help him out.
jared giaimo
17:20 02 Aug 22
Very helpful, very professional. As far as lawyers go this was an easy and pleasant experience!
