Resisting Arrest Defense Attorney Ocean County NJ
Criminal Attorneys handling cases in Wall, Ocean, Toms River, Sea Side, conveniently located in Brick and Sea Girt NJ
Being charged with a resisting arrest can happen before you know it and it can be a frightening experience. Perhaps an officer stopped you for a traffic offense and asked you to get out of the car. He told you that you were under arrest and he began grabbing your wrists and putting them behind your back.
Your response was likely one of confusion and alarm and you instinctively pulled away in disbelief, not understanding what was happening. The next thing you knew, you were thrown to the ground with a knee in your back, and your hands forcibly pinned behind you with handcuffs while an officer screamed commands at you. Eventually, you were transported to the police station, held in a cell, and charged with resisting arrest.
If you have been charged with a crime in New Jersey, you cannot resist arrest without being subject to additional charges and penalties. The Bronzino Law Firm LLC defends clients who have been accused of resisting arrest or assaulting an officer, and we will work side by side to ensure you are not wrongfully convicted or subjected to unfair penalties. Please contact us online or through our Brick offices at (732) 812-3102.
What do I do if charged with Resisting Arrest in Monmouth County?
Our Brick NJ Criminal Attorneys Discuss Types of Charges and What to do next
Resisting arrest is never something that someone plans to happen. However, once charged, you do need to plan for the court hearing and address potential consequences. Our attorneys have experience handling cases involving resisting arrest and will help fight your charges in court.
If you have been charged with resisting arrest you will be required to answer the complaint by either going to the municipal court in the town of the event or by going to the Superior Court in the county in which the event occurred. Resisting arrest can be a disorderly persons offense or a criminally indictable offense. A disorderly persons offense is handled in the municipal court while the indictable/felony offense is handled in Superior Court.
Disorderly Persons Offense: Resisting Arrest N.J.S.A. 2C:29-2
There are different facts and circumstances that give rise to various charges under the resisting arrest statute. Under N.J.S.A. 2C:29-2, a person can be guilty of a disorderly persons offense by intentionally preventing, or attempting to prevent an officer from effectuating an arrest. It is not a defense to resisting arrest that the officer falsely arrested the person. Anytime an officer attempts to arrest a person, he or she must comply, regardless of whether the officer is right or wrong in his assumptions. You cannot run, hide, pull away, push the officer, or do anything to try to stop the arrest.
Penalties – Disorderly Persons Resisting Arrest
If proven guilty of a disorderly persons offense you may be subject to a fine up to $1000 and one hundred and eighty (180) days in jail. Additionally, you may be forced to be on probation which can include visits with your probation officer, drug testing, and restrictions on where you can go or travel. If you have been charged with an indictable offense, the consequences can be more severe.
Felony/Indictable: Resisting Arrest/Eluding N.J.S.A. 2C:29-2
Under N.J.S.A. 2C:29-2, a person is guilty of a crime of the fourth degree if he, by flight, purposely prevents or attempts to prevent a law enforcement officer from effectuating an arrest. The crime can be a third-degree crime if the person uses physical force, violence against the officer, or threatens violence against the officer. It is also a third-degree crime to create a risk of injury to the public by your flight from the officer (speeding away in a car from the officer also known as eluding).
Any time an officer signals a car to stop, the driver must comply and pull over. Failing to pull over is a crime of the third degree if there has been a risk of injury to others. Sometimes people flee the police while driving because they have no license, or maybe they know they have a warrant out for their arrest, or perhaps there are drugs in the car. The act of fleeing commonly involves speeding, swerving, or driving in a reckless manner which causes a possibility of injuring innocent people. Not only will you be charged with a felony offense of eluding/resisting arrest, but you will also receive numerous tickets, fines, and penalties.
Penalties – Felony Resisting Arrest
A felony/indictable offense carries serious consequences that can negatively impact your life. A fourth-degree crime can subject you to state prison for up to 18 months and for a third-degree crime, up to five years in prison. A felony and a disorderly persons offense will show up on your record and have potentially damaging effects on your life plans.
Contact a Jersey Shore Resisting Arrest Attorney Today and Protect Your Rights
It´s highly advisable that anyone being charged with assaulting an officer or obstructing justice hire an attorney as soon as possible. Contact The Law Office of Peter Bronzino today to speak with an experienced attorney who can provide the proper guidance and effective representation. Call (732) 812-3102 now or contact us online to speak to an experienced member of our staff and schedule a confidential consultation.