Our Atlantic County Criminal Firm Is Ready To Defend Your Resisting Arrest Charge in Atlantic City, Pleasantville, Margate, Ventnor, Egg Harbor and Other Local Municipalities
A common criminal offense defended by our attorneys in Atlantic County is resisting arrest. We assume that you have been charged with this violation as a result of an encounter with the police in Atlantic City, Ventnor, Margate, Pleasantville, Egg Harbor or elsewhere in Atlantic County. The best advice we can provide is to take this charge seriously since a conviction results in a criminal record and a slew of other potential negative consequences. Selecting a lawyer with considerable skill in defending N.J.S.A. 2C:29-2 violations is pivotal to your reaching a favorable resolution of your case and our team of attorneys has over 150 years of combined experience representing clients like you. Most of the lawyers also have the benefit of time serving as prosecutors at either the county or municipal level. To speak to an attorney with the knowledge and skill to help you escape the pitfalls of a resisting arrest, obstruction, assault or similar charge, call our local Mays Landing Office at (609) 616-0020.
Attorneys at the Law Offices of Jonathan F. Marshall represent clients charged with resisting arrest in Ventnor, Egg Harbor, Absecon, Pleasantville, Atlantic City, Galloway, Pleasantville, Hamilton, Margate, Hammonton, Somers Point, Mays Landing and throughout Atlantic County.
Resisting Arrest Charge in Atlantic County – What You Need To Know
All resisting arrest charges arise out of N.J.S.A. 2C:29-2. This law makes it a disorderly persons offense to “purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest.” Resisting arrest escalates to a fourth degree crime under this statute where someone utilizes “flight” to avoid being arrested. A resisting arrest offense can be enhanced further to a third degree crime when the accused utilizes physical force, violence, threats or creates a substantial risk of physical injury to law enforcement. You should also know that there is no right to resist an arrest so long as the officer is acting in the course of his employment – even when the arrest is unlawful.
There are four elements that the prosecutor must establish in Hammonton, Mays Landing, Galloway, Absecon, Hamilton or even the Atlantic County Superior Court in order to secure a conviction for resisting arrest. First, there must be conduct by the accused to prevent an arrest. Second, the person making the arrest must be a member of law enforcement (e.g. police officer, sheriff’s officer, etc.). The third requirement that the state must prove is that the police officer was acting under color of authority and announced his/her intention make an arrest. The fourth and final element is that the conduct of the defendant was purposeful.
An indictable crime of the fourth degree or third degree can only be heard at the Atlantic County Superior Court. Your case will not be heard therefore at the local level if you have been charged with fourth degree or third degree resisting. The potential sentence for fourth degree resisting arrest includes up to 18 months in prison and a $10,000 fine. A third degree crime for resisting arrest carries up to 5 years in prison and a fine that can reach $15,000. A disorderly persons offense for resisting arrest is heard in municipal court and can result in a fine of up to $1,000 and 6 months in the Atlantic County Jail.
Someone facing an indictable crime for resisting arrest (i.e. third or fourth degree) can seek relief through Pretrial Intervention, also referred to as PTI. This diversionary program is limited to first time offenders and allows someone to avoid a criminal record provided they complete one year of probation. A similar program named Conditional Dismissal is available to avoid prosecution for a disorderly persons offense for resisting arrest in Brigantine, Mullica, Northfield, Buena Vista or another local town municipal court.
Egg Harbor Resisting Arrest Attorney
Egg Harbor Township is the most populated municipality in Atlantic County, even exceeding Atlantic City, so resisting arrest charges arise there quite often. If you came into contact with the police in this town or another locale in the area, an attorney on our staff has the skill to help you reach the very best outcome in your case. The lawyers at the Law Offices of Jonathan F. Marshall have over a century of collective experience, including insight derived as prosecutors, to put into force in order to secure an acquittal or other highly favorable outcome. To speak to a lawyer immediately, contact (609) 616-0020 anytime 24/7.