- 201-766-4800
- 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
Chase Parchment
16:16 01 Apr 21
I was in a terrible bind. Police officer trumped up charges, lied and frankly tried to ruin me. I was facing six charges but I knew I was not guilty of anything. Samera was very professional and knowledgeable and helped guide me along. Alan was sharp from day one and in the end, all charges were dismissed. I couldn't be any happier. Not only will I use them if I need to (Though I hope it not), I will recommend Alan to anyone I know in need of counsel. Thank you again.
Alessandra Sawick
17:14 29 Mar 21
We had a smooth process dealing with the courts thanks to Peyrouton Law office. They are very professional and knowledge and helped us in every step of the way. They really care for the clients and for resolving their cases. I highly recommend their services.
sugoi desune
18:25 24 Mar 21
I went to this law office when I was in a dire situation and from an affordable cost and an incredibly hardworking law firm my situation was handled with care and saved me a lot of trouble.
Joao limao
18:21 24 Mar 21
Amazing lawyer! He took care of everything while I was able to relax and kept me informed the entire process throughout.
Bruce Lieblich
17:35 19 Mar 21
Personal attention to detail anytime you callRates are reasonable and his effort is second to noneAlways professional and solid legal guidanceCan help you day or night no stone left unturned
Maria Castillo
20:24 15 Mar 21
Thank you Alan and Samera for your wonderful work! This was my first time facing a criminal conviction and you guys were able to help me and support me throughout this process. Alan was able to get the best outcome in this situation and for that I will always be grateful for. I will definitely recommend this law office to anyone facing a hard time with the law. Thank you again!
Jason C
04:28 11 Mar 21
I never thought I would need legal assistance for my family, but Alan was awesome. Highly recommend to everyone and would have no problem using his services again. Samera is just a flawless addition to his team. I can't say enough good things about them.
Schumacher Photographs
18:10 10 Mar 21
This law firm and Samera in particular helped me out of a big jam that was actually a mistake NDMV made. NJ thought my car insurance lapsed when I moved out of state so they suspended my license which meant I could not get my car registered in my new state AND couldn't get my license updated nor could I go to dmv since I moved cross country. I answered every letter NJDMV sent me registered receipt mail with ALL the proof my vehicle NEVER had a lapse but they ignored all my correspondence. The office manager at Peyrouton Law, Samera handled everything. ONLY through her tenacity and persistence did this issue get resolved. NJDMV lifted the suspension so I could move forward where I currently live. This girl is dead on it! Thank you soo much Samera and Alan! Harry S.
B J
17:00 17 Feb 21
Crashnburn973
23:01 15 Feb 21
So far so good....no complaints here...Very good people