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.
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:
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
a. Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;
b. Accuse anyone of an offense or cause charges of an offense to be instituted against any person;
c. Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;
d. Take or withhold action as an official, or cause an official to take or withhold action;
e. Bring about or continue a strike, boycott or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
f. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
g. Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person.
***It is an affirmative defense to prosecution based on paragraphs b, c, d or f that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services.
Reasonable suspicion is a “search” standard that applies in criminal law.
When a police officer conducts a warrantless search, and does not have probable cause to justify the search, the courts look to see if the police had
a “reasonable & articulable suspicion” for the search.
A mere “hunch” is not enough.
In other words, a police officer has to provide an acceptable explanation for the search.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.
b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.
c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant’s release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions