Sometimes, bad nights become REALLY bad nights when police get involved.

Resisting Arrest is a strong indicator that one of those really bad nights occurred.

This is because the police were probably already interacting with you, your significant other, or your child about another potential criminal activity like disorderly conduct in Asbury Park, possession of heroin in New Brunswick, domestic violence in Toms River, obstructing the administration of law in Belmar, simple assault in Atlantic City, aggravated assault in Howell, or eluding in Jackson.

Then, rather than submitting peacefully to the investigation or arrest, you (allegedly) fought back or ran away.

You might not even remember doing so!

So now what?

First, don’t worry.

Next, find out exactly what your charges mean and what your options are.

What Are the Penalties for Resisting Arrest in New Jersey?

Resisting arrest can be a third degree charge, a fourth degree charge, or a disorderly persons offense.

This means that depending upon the severity and degree of the charge (and accompanying charges, if any), your case will either be heard in municipal court in the town where the offense occurred or in superior court in the county where the offense occurred.

If you’ve been charged with a third degree resisting arrest offense, then you are exposed to 3-5 years in jail and a $15,000 fine. This is the maximum punishment,

A fourth degree resisting arrest charge means you are facing 18 months incarceration and a $10,000 fine.

A disorderly persons resisting arrest charge means that you are looking at 6 months in jail and $1000 in fines.

As you can see, the penalties can be quite severe. Also, as long as the officer had probable cause to make the arrest, you cannot use the defense of wrongful arrest to fight the charges. This is true even if the officer was totally out of line.

How Do I Fight Resisting Arrest Charges in New Jersey?

Studies show that hiring an attorney greatly increases your chances of a successful outcome.

This is because an attorney will review all of the discovery (evidence) in your case, and pinpoint issues that can be used in defense of your case, your freedom, and your wallet.

Additionally, lawyers understand other options such as diversionary programs, that can be utilized to avoid a conviction. These include conditional dismissals, Pre-Trial Intervention (PTI), Mental Health Diversion, and Veteran’s Diversion. Successful completion of these results in no convictions.

Finally, if you have great, defensible issues and the prosecutor is unwilling to reach an acceptable resolution, an attorney will take your case to trial.

Call McGuckin Law

At McGuckin Law, we love criminal defense and protecting our clients’ Constitutional rights. We have been doing so for years and have great reviews.

New Jersey prosecutors can be tough, but we utilize all options to get the best possible result.

Give us a call at 732.924.4200 to discuss your resisting arrest charges or your child’s juvenile resisting arrest charges. We offer consultations completely free of charge and are available to chat day and night and on the weekends. We are happy to meet in person, text, email, or Zoom at your preference.

Thank you for checking out McGuckin Law!

Here is New Jersey’s Resisting Arrest Statute for more information:

N.J.S.A. 2C:29-2 – Resisting Arrest Statute

a.

(1) Except as provided in paragraph (3), a person is guilty of a disorderly persons offense if he purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest.

(2) Except as provided in paragraph (3), 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 effecting an arrest.

(3) An offense under paragraph (1) or (2) of subsection a. is a crime of the third degree if the person:

(a) Uses or threatens to use physical force or violence against the law enforcement officer or another; or

(b) Uses any other means to create a substantial risk of causing physical injury to the public servant or another.

It is not a defense to a prosecution under this subsection that the law enforcement officer was acting unlawfully in making the arrest, provided he was acting under color of his official authority and provided the law enforcement officer announces his intention to arrest prior to the resistance.

1. Any person, while operating a motor vehicle on any street or highway in this State or any vessel, as defined pursuant to section 2 of P.L.1995, c.401 (C.12:7-71), on the waters of this State, who knowingly flees or attempts to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle or vessel to a full stop commits a crime of the third degree; except that, a person is guilty of a crime of the second degree if the flight or attempt to elude creates a risk of death or injury to any person. For purposes of this subsection, there shall be a permissive inference that the flight or attempt to elude creates a risk of death or injury to any person if the person’s conduct involves a violation of chapter 4 of Title 39 or chapter 7 of Title 12 of the Revised Statutes. In addition to the penalty prescribed under this subsection or any other section of law, the court shall order the suspension of that person’s driver’s license, or privilege to operate a vessel, whichever is appropriate, for a period of not less than six months or more than two years.

In the case of a person who is at the time of the imposition of sentence less than 17 years of age, the period of the suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period as fixed by the court. If the driving or vessel operating privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this Title or Title 39 or the Revised Statutes at the time of any conviction or adjudication of delinquency for a violence of any offense defined in this chapter or chapter 36 of this Title, the revocation, suspension, or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension, or postponement.

Upon conviction the court shall collect forthwith the New Jersey driver’s licenses of the person and forward such license or licenses to the Director of the Division of Motor Vehicles along with a report indicating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If the court is for any reason unable to collect the license or licenses of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the director. That report shall include the complete name, address, date of birth, eye color, and sex of the person and shall indicate the first and last day of the suspension or postponement period imposed by the court pursuant to this section. The court shall inform the person orally and in writing that if the person is convicted of personally operating a motor vehicle or a vessel, whichever is appropriate, during the period of license suspension or postponement imposed pursuant to this section the person shall, upon conviction, be subject to the penalties set forth in R.S.39:3-40 or section 14 of P.L.1995, c.401 (C.12:7-83), whichever is appropriate. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of violation of R.S.39:3-40 or section 14 of P.L.1995, c.401 (C.12:7-83), whichever is appropriate. If the person is the holder of a driver’s or vessel operator’s license from another jurisdiction, the court shall not collect the license but shall notify the director who shall notify the appropriate officials in the licensing jurisdiction. The court shall, however, in accordance with the provisions of this section, revoke the person’s non-resident driving or vessel operating privileges, whichever is appropriate, in this State.

For the purposes of this subsection, it shall be a rebuttable presumption that the owner of a vehicle or vessel was the operator of the vehicle or vessel at the time of the offense.