Resisting Arrest and Eluding a Police Officer, New Jersey
Charged with Resisting an Arrest, Freehold, NJ Defense Attorney
Charges and Penalties for Resisting Arrest and 2nd and 3rd Degree Eluding
Am I allowed to resist arrest?
No. New Jersey law is clear – you are not allowed to resist a lawful arrest. Even if you believe you are being subjected to false arrest; it is still better to not resist. However, a law enforcement official is required to clearly state their intention to make an arrest prior to doing so. (N.J.S.A. 2C:29-2.)
If you were subjected to an illegal arrest, you need an attorney. Our attorneys are experienced trial lawyers and former prosecutors. We can help uncover the facts surrounding your arrest. Because the crime of resisting arrest can have severe penalties, including jail time, it is important you contact an attorney as soon as possible to help with your defense.
Criminal Penalties for Resisting Arrest in New Jersey
Disorderly Persons Offense for Resisting Arrest. N.J.S.A. 2C:29-2(a)(1). Anyone who attempts to resist arrest commits a Disorderly Persons offense. You may be subject to paying an assessment to the Victims of Crime Compensation Board and to the Safe Neighborhood Services Fund of approximately $125, as well as be imposed an additional fine of up to $1,000. You may also face up to six months in jail.
4th Degree Crime for Resisting Arrest. N.J.S.A. 2C:29-2(a)(2). It is a 4th Degree crime when a person purposefully prevents, or attempts to prevent, an officer from making an arrest by eluding or flight.
3rd Degree Crime for Resisting Arrest. N.J.S.A. 2C:29-2(a)(3). You may be charged with a 3rd Degree Crime if you prevent or attempt to prevent an arrest by threatening a violent act or threaten to use physical force against another person or a police officer. You may also be charged with 3rd Degree Crime if you use any verbal or physical means to resist arrest that could create a substantial risk of harm to an officer or another person.
Eluding a Police Officer
If you attempt to flee as a way of resisting arrest, you may be charged with Eluding. The crime of eluding carries different degrees, but all charges for eluding are serious and can result in the loss of your driving privileges for six months to two years and possible jail time. [More About Charges of Eluding a Police Officer]
3rd Degree Crime. Eluding, at a minimum, is is a 3rd Degree crime. If you are convicted of 3rd Degree Eluding, you may receive a sentence of three to five years in prison.
2nd Degree Crime. If you endanger the life or welfare of another person, or cause injury to someone else while attempting to flee, you may be charged with 2nd Degree eluding. If you are convicted of 2nd Degree Eluding, you may receive a sentence of five to ten years in prison.
A client charged with a crime often does his or her own research. Unlike many other criminal defense lawyers, I encourage a client to research legal issues if it makes him feel more comfortable about the criminal justice process. In many cases, the client can get a better sense of his lawyer’s experience when the lawyer repeats something the client has already found during his own research.
Charles F. Clark, Founding Partner
Experienced Trial Lawyers and Former Prosecutors
Attorneys Charles Clark and Susan Schroeder Clark offer a unique, responsive approach to criminal law.
Both of our criminal defense attorneys were not just prosecutors but senior prosecutors in charge of major criminal units and cases. We have an understanding of the inner workings of a prosecutors office and the factors that influence a prosecutor’s decision in negotiating or trying a case. This information is invaluable in advocating on behalf of our clients.
All of our clients can reach us 24 hours a day, 7 days a week via our office or cell phones. You will be in direct contact with your attorneys who will remain available to answer any questions that you may have and provide any necessary counsel until your case is firmly resolved. Our lawyers have spent their entire careers in the courtroom and will give you the peace of mind and confidence that you need while we successfully defend your case.
Call 732-303-7857 to speak with a defense attorney, today.
