Mount Holly Resisting Arrest Defense Attorney
Resisting arrest is an offense that can arise in Burlington much more seamlessly that most people realize. A primary reason is because New Jersey Law requires an individual to submit to an arrest whether it is proper or not. The result is that you can find yourself charged with resisting arrest, obstructing the administration of law, and/or hindering apprehension or prosecution by spontaneously pulling your arm away from a police officer. This offense will typically be handled in a township or city municipal court with the highest number of resisting arrest charges being heard in in Burlington City, Pemberton, Willingboro, Evesham, and Mt. Laurel. When an incident is more serious it can result in an indictable criminal offense and, when this occurs, the violation must be resolved in Mt. Holly at the Superior Court. If you were charged with a disorderly persons offense, third degree or fourth degree resisting arrest, you have landed in the right place. We are former prosecutors and skilled criminal lawyers that have handled in excess of a thousand resisting arrest cases in the past. To discuss what happened in your encounter with police and what we can do for you to reach the best outcome of your matter, call us at 856-234-8900.
Elements Of A Cinnaminson Resisting Arrest Charge
In accordance with the Resisting Arrest Law contained at N.J.S.A. 2C:29-2, the state is obligated to establish that the accused intentionally prevented an arrest. Lack of probable cause for the arrest is not, as previously stated, a defense to this charge. Even an unlawful arrest can provide a basis for this charge provided the city police officer has announced his intention to make an arrest. To prove a 2C:29-2 offense, the prosecutor must establish that: (1) a police officer; (2) announced an intention to make an arrest; (3) the accused prevented the officer from effecting the arrest; and (4) that the actions of the defendant were purposeful. To elevate the offense to a fourth degree crime, flight from a township officer must be proven. To elevate the offense to a third degree crime the state must prove one of two additional elements. It must be proved that defendant used or threatened to use physical force or violence against the law enforcement officer or against another person. In the alternative the state must prove that the defendant used any other means to create a substantial risk of causing physical injury to the law enforcement officer or to another person.
Degree of Resisting Arrest You Can Face In Palmyra
A resisting arrest offense can be filed in the form of a disorderly persons offense or an indictable felony of the third or fourth degree. If the It is a disorderly persons offense to purposely prevent a law enforcement officer from effecting a lawful arrest. Fleeing an officer to avoid arrest results in fourth degree resisting arrest. Using or threatening force or violence against an officer or a third party in an effort to resist also elevates resisting arrest to third degree. The same is the case if the defendant creates a substantial risk of physical injury to another during the course of resisting. In all other instances, resisting arrest is a disorderly persons offense that falls under the jurisdiction of the municipal court of the town where the defendant was charged.
Penalties For A Resisting Arrest Offense in Burlington City NJ
A conviction for any grade of this offense results in a criminal record. In addition, there is a $1,000 fine and up to six months in jail for a disorderly persons offense. A fourth degree resisting charge carries up to 18 months in prison and a maximum fine of $10,000. Third degree resisting arrest results in a maximum fine of $15,000 and the possibility of a five year prison sentence.
Medford New Jersey Resisting Arrest Lawyers
Although neither Lakes nor the Township of Medford are high crime municipalities, there are quite a number of resisting arrest offenses in each every year. If you have been arrested for violating 2C:29-2, your objective should be to avoid a conviction at all cost as a record for resisting arrest is something that is viewed unfavorable by employers and others. Our firm can succeed in this regard in the majority of cases and an attorney on our team would be more than happy to speak with you free of charge. To speak to a lawyer, call us at 856-234-8900.