Resisting Arrest Lawyers in Cinnaminson, NJ
New Jersey Criminal Attorneys Defend Clients Against Resisting Arrest Charges in Burlington County, Gloucester County & Camden County, NJ
Resisting arrest charges in New Jersey are not to be taken lightly. Being charged with resisting arrest can result in a criminal record, and the consequences can often be more severe than the original cause of your arrest. Anyone facing resisting arrest charges in NJ needs to obtain the assistance of an experienced New Jersey criminal defense attorney.
If you have been charged with resisting arrest in Evesham, Mt. Laurel, Willingboro, Washington Township, Camden, or Cherry Hill, NJ, the dedicated Burlington County criminal lawyers at the Law Offices of Michele Finizio can help you. Our skilled attorneys will provide you with an aggressive defense to achieve the best possible outcome to your case. Contact us today.
What Is a Resisting Arrest Charge?
Under N.J.S.A. 2C: 29-2, New Jersey defines the offense of resisting arrest as purposely preventing a law enforcement officer from effecting a lawful arrest. Resisting arrest is a disorderly persons offense that may be elevated to an indictable crime if the person uses or threatens to use force or violence against the officer, or uses any other means to create a substantial risk of causing physical injury to the public servant or another person.
Penalties for Resisting Arrest in NJ
If convicted of this disorderly persons offense, a person could receive a fine of up to $1,000, plus assessments and possibly six (6) months in jail. If you try to run away from the scene of the arrest, you may be looking at 18 months in prison. The crime becomes even more serious if you threaten to use force or violence against a police officer, or create a substantial risk of physical injury to any person while trying to evade the arrest. Pursuant to N.J.S.A. 2C: 29-2(a)(3), this is a third degree crime and could mean spending up to five (5) years in prison.
A person may be convicted of this felony even if the arrest was unlawful, providing that the officer did not use unlawful force. An individual cannot be charged under NJ law for resisting arrest by a private security officer, such as in a case of shoplifting. Also, a successful prosecution must establish that the individual knew that they were under arrest or knew that the officer was acting under the color of the law when he made the arrest. Therefore, if the police officer was not acting appropriately or within the scope of his or her police duties, then the defendant may have a valid defense to the crime of resisting arrest.
Contact the Deptford, NJ Criminal Attorneys at the Law Offices of Michele Finizio Today
If you have been charged with resisting arrest in New Jersey, contact the Law Offices of Michele Finizio. Our law offices are conveniently located in Moorestown, NJ, in the Cherry Hill region of South Jersey, and we serve clients throughout New Jersey. Call us at 856-242-7300 today, or contact us online for a free consultation with a highly skilled criminal defense attorney.