Our Skilled Defense Attorneys & Former Prosecutors Have Over 200 Years Of Combined Experience Defending Resisting Arrest Charges In Raritan Township, Clinton, Readington, Flemington & Elsewhere In Hunterdon County
There are many scenarios that can result in someone being charged with resisting arrest in Hunterdon County or anywhere else in New Jersey. The offense isn’t limited to fighting with the police and often arises as the result of someone simply pulling away or failing to immediately submit to an arrest. Irrespective of why you were accused of preventing or interfering with an arrest or eluding a police officer in Hunterdon County, selecting a highly qualified defense lawyer is your best tool for preventing life impacting penalties.
The attorneys at our firm, the Law Offices of Jonathan F. Marshall, are talented former prosecutors with over 200 years of combined experience. We have secured many acquittals and favorable outcomes in resisting arrest cases over the last several decades. If you are facing a criminal complaint or indictment for resisting arrest in Clinton, Readington, Raritan Township or even at the Hunterdon County Superior Court in Flemington, we have an attorney who is well equipped to defend you.
Call our Flemington Office at 908-824-0855 to speak to one of our lawyers in a free consultation anytime 24/7.
Resisting Arrest Charges in Hunterdon County New Jersey
As previously stated, a resisting arrest offense can come in three different grades which dictate the severity of the penalties someone will face at sentencing under N.J.S.A. 2C:29-2. You should also know that it is common for this violation to be filed in conjunction with aggravated assault on a police officer, disorderly conduct and even simple assault. In terms of this charge, it is a disorderly persons offense to purposely prevent a law enforcement officer from effecting a lawful arrest. Engaging in flight to avoid arrest enhances resisting arrest to a fourth degree crime. Resisting arrest escalates to a third degree crime if the accused uses or threatens to use physical force or violence against the police or if they create a substantial risk injury to the officer.
To be convicted of resisting arrest, the required elements of the offense must be established. First, the conduct of the defendant must be purposeful, in other words, his/her conscious object must be to interfere or prevent arrest. Second, the police officer must be acting under “color of law” at the time of arrest. This doesn’t mean that the officer needs a valid legal basis for a particular arrest but rather the authority by virtue of operation of their duties to arrest individuals who violate the law. Third, the police officer must announce his/her intent to make an arrest. Additional elements must be shown when someone is charged with fourth degree or third degree resisting arrest, namely, flight in the case of a fourth degree resisting arrest and force/violence/risk of injury for a third degree.
Can You Resist An Unlawful Arrest? No. The law requires that you submit to an arrest that is unlawful, for example, one where probable cause is lacking. The reasoning for this rule is to prevent escalation of conflicts. The time to contest the charge is in the courtroom not in the field.
Is Self-Defense A Valid Defense To Resisting Arrest? Yes. An individual may utilize a reasonable level of force to break away from an officer who is being excessive. Self-defense in this setting is limited to what is necessary for self preservation.
Penalties For Resisting Arrest In Local Municipalities Like Union Township, Bethlehem, or Tewksbury
The seriousness of the penalties someone faces for violation of N.J.S.A. 2C:29-2 hinge on the grade of resisting arrest. An individual faces up to 6 months in the Hunterdon County Jail and a $1,000 fine for a disorderly persons offense for resisting arrest at the time of sentencing in municipal court. A fourth degree or third degree is indictable so they can only be heard at the county courthouse in Flemington. Fourth degree resisting arrest results in 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 maximum fine of $15,000.
The criminal defense lawyers at the Law Offices of Jonathan F. Marshall defend resisting arrest charges filed in Hunterdon County, including in Clinton Township, Flemington, Readington, Union Township, East Amwell, Raritan Township, Lambertville, Lebanon, Bethlehem, Tewksbury, Franklin Township, West Amwell, Hampton, Alexandria, Delaware Township, Holland, High Bridge, Frenchtown, Milford, Glen Gardner, Bloomsbury, Califon and Stockton.
Clinton NJ Resisting Arrest Attorney
Clinton Municipal Court in Annandale New Jersey is responsible for processing all the disorderly persons offenses for resisting arrest that are filed not only in Clinton Township and the town of Clinton but also Union Township. This makes this municipal court one of the busiest for 2C:29-2 charges in Hunterdon County. The Superior Court also processes a considerable number of resisting arrest complaints since it is responsible for resolving all fourth and third degree offenses filed in the county. Our attorneys are adept in defending cases of this nature throughout the region. If you have been charged with resisting arrest anywhere in this jurisdiction, we have a lawyer to maximize the chance of you escaping a conviction. To speak to an attorney at the firm, call 908-824-0855.