- 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
Thomas W
03:21 20 Dec 20
My brother-in-law's friend was arrested for a disorderly person's offense. It sounds minor, but in some states other than NJ it is known as a misdemeanor. Often this type of offense is resolved as a municipal ordinance violation, a civil matter. The defendant still must pay a substantial fine, but the criminal charge is dismissed and the defendant has no criminal record. And the municipality gets their money. But in this case Alan Peyrouton had the case dismissed. My brother-in-law's friend had no criminal record, and paid no fine ! There is no better resolution of a case for a criminal defendant than to have a case dismissed. I would recommend Alan to anyone facing any criminal charge in NJ. And so would my brother-in-law and his friend.
Adam Massa
20:04 07 Dec 20
I rarely submit reviews but this law firm deserves 5 stars!Samera & Alan were phenomenal! They are the perfect team to help when you're desperate because they listen and care and explain things patiently and clearly.I called 4 lawyers before I found Peyrouton Law and all 4 lawyers were rude and in a rush.From day one I got VIP treatment and they charged me less than all the other lawyers wanted to charge me. Alan got my case dismissed and is the most humble lawyer I ever met.Samera is an angel and I am very grateful for all of their assistance.I strongly recommend this law firm.
Osi Nwankwo
20:38 04 Dec 20
Very trust worthy firm. The perfect place for legal advice!
Dylan Wazz
00:50 01 Dec 20
If you’re looking for a lawyer and are reading this review, then you can stop your search right here because Alan is without a doubt the best lawyer on the market. His secretary Samera was such a genuine person and you can tell they both actually care about their clients and take each and every case like it was one of their family members cases. If I could give them 10 stars I would. Absolutely a great law firm and I will be recommending them to anyone who digs themself into a sticky situation as I did. We’re all human and they most certainly bring that to life in court and make the prosecutor and judge see that. Thank you for all you guys did I greatly appreciate it!
T Shum
00:20 24 Nov 20
Judy Lawrence
00:59 20 Nov 20
My name is Ms. Judy Lawrence, and I am so excited about posting my opinion of Peyroutin Law; a law firm that is owned and operated by the two most persevering people in my opinion; Mr. Alan and Ms. Cerva. With all the intricate things they have to do to get ready for court, they always received me with smiles in their voice.I was faced with my first criminal case, and my sons told me they had, in their opinion, the perfect law firm. I was sceptical, because everything was done over the phone and email, do to the Pandemic, and I needed that personal touch.I must tell you, I never felt so confident about being in such a bad situation. Ms. Cerva took the time to read my emails and respond promptly; she always kept me informed every step of the way. Its hard for me to trust anyone with such a delicate situation, that I wasn't able to meet in person. Ms.Cerva (Paralegal) took the time to speak to me on the phone when I became anxious. I felt a closeness to her.To make a long story short, because I am a writer, and I can speak volumes about how when I spoke to the Lawyer, Mr. Alan, a feeling of calm and blessed assurance came over me. He told me what to expect, he asked me what I wanted, he treated me as if he knew the very essence of who I was, and he handle himself with such professional and knowledge.Its funny because, when everything was over and done, and I received a very favorable outcome, I kind of missed them. I don't ever want to have to face such a uncomfortable situation like that again. But if I do, God forbid, I have Mr. Alan and Ms. Cerva backing me up.Thank you
Jakeline Jaramillo
17:17 03 Nov 20
Mi experiencia fue muy buena. Debo resaltar un trato muy personalizado y sobre todo la calidad profesional y humana. Se ha planteado el caso y su defensa de la manera más oportuna y efectiva. Agradezco mucho su ayuda para resolverlo de manera exitosa
San Loore kailey Saint jean
17:24 29 Oct 20
orphise saintjean
15:03 29 Oct 20
DAVID ALEJANDRO ROSERO JARAMILLO
14:02 29 Oct 20
Obtuvo el mejor resultado para mi caso, muy recomendado!