The Attorneys In Our Hoboken Office Are Skilled Former Prosecutors Who Are Ready To Beat Your Resisting Arrest Charge
There is little doubt that Hoboken is at the lead of resisting arrest charges in Hudson County. A robust nightlife and events like SantaCon are definitely two of the reasons for an inflated number of charges. There is also no escaping the fact that the Hoboken Police Department is extremely aggressive. All of this translates into far more encounters where a resisting arrest, disorderly conduct, simple assault, aggravated assault or other criminal charge can arise.
We assume that you are concerned about being charged with resisting arrest in Hoboken given the nature of your research. Your attention is well founded since even the lowest grade of this violation, a disorderly persons offense for resisting arrest, can result in a six (6) month jail sentence in Hoboken Municipal Court. Whether your case falls within this grade or you are facing a third degree or fourth degree crime for resisting arrest, it is obviously important that you hire the most skilled attorney you can find.
We are the Law Offices of Jonathan F. Marshall, a criminal firm with qualifications you can count on to ensure you escape a conviction. Beyond possessing over 150 years of combined experience, most of the ten (10) defense attorneys on staff are former prosecutors who have successfully handled hundreds of resisting arrest charges. It also helps that the lawyers on our team routinely appear in the court system. To speak to a lawyer on our staff immediately, call (201) 932-2288 for a free consultation.
Hoboken NJ Resisting Arrest Offense
The law governing the offense of resisting arrest is N.J.S.A. 2C:29-2. An individual commits this violation if they “purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest.” This conduct results in a disorderly persons offense unless: (1) the accused resists by flight, in which case the conduct results in a fourth degree crime; or (2) uses or threatens to use physical force or violence, or creates a substantial risk of physical injury to the police officer or public servant, in which case resisting arrest is a third degree crime.
Disorderly Persons Offense. A disorderly persons offense for resisting arrest falls under the jurisdiction of Hoboken Municipal Court. A conviction for this grade of 2C:29-2 results in a fine of up to $1,000 and up to 6 months in the Hudson County Correctional Institute.
Fourth Degree Crime. A fourth degree crime is an indictable offense that falls under the jurisdiction of the Hudson County Superior Court. The sentence for this pedigree of resisting arrest includes the possibility of up to 18 months in prison and a $10,000 fine.
Third Degree Crime. The most serious variety of resisting arrest is a third degree crime. You face up to 5 years of imprisonment and a fine that can reach $15,000 for third degree resisting arrest.
In addition to defending a Hoboken resisting arrest based on a lack of conduct to resist, an intention to resist or knowledge that the party was a police officer, New Jersey law allows an individual to use reasonable force for protection where an officer is using excessive or unnecessary force. There is no right, however, to resist an arrest that is lacking in probable cause or legal basis. An individual is required to submit and challenge the legality of the arrest in a court of law.
Resisting Arrest Defense Lawyers in Hoboken
If you had a police encounter that resulted in your being issued a criminal complaint for resisting arrest, our highly skilled lawyers are available to discuss your rights and options. Do not be foolish enough as to attempt to tackle your case without an attorney since your mishap should be evidence enough that you are going to be unable to deal with the arresting officer. We will do the necessary work to achieve the very best outcome whether you are battling a disorderly persons offense or a felony for resisting arrest. Contact our Hoboken Office at (201) 932-2288 to speak to a lawyer with the knowledge and experience to help you.