Resisting Arrest – N.J.S.A. 2C:29-2

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Resisting Arrest Lawyers Bergen County NJ

Unfortunately, one negative moment can spell serious repercussions for the rest of your life. While a conviction for resisting arrest can be embarrassing, perhaps the most devastating consequence of a conviction is that you could be sentenced to serve time in jail. When you are facing resisting arrest charges in New Jersey, it is crucial to consult with an experienced criminal defense attorney.

The notable criminal defense lawyers at Bergen County Tormey Law Firm defend clients charged with a host of crimes, including simple assault, shoplifting, and burglary throughout New Jersey. They appear regularly in northern New Jersey, in courts such as those in Hackensack, East Rutherford, and Elmwood Park. If you or a loved one has been charged with resisting arrest, do not hesitate to contact our Hackensack, NJ offices anytime at (201)-330-4979 for immediate assistance.

Resisting Arrest in New Jersey: N.J.S.A. 2C:29-2

Resisting arrest in New Jersey is a criminal charge governed by N.J.S.A. 2C:29-2, which states:

§ 2C:29-2. Resisting Arrest

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.

Punishments for Resisting Arrest in New Jersey

Resisting arrest in New Jersey can be classified as a third or fourth degree crime, or a disorderly persons offense, depending on the circumstances of the alleged crime. A third degree crime has a presumption of non-incarceration for a person with no prior criminal record. However, if you have a prior record and you are charged with a third degree resisting arrest offense, you could be sentenced to serve between three and five years in New Jersey State Prison. A fourth degree crime has a maximum term of imprisonment of 18 months and even the lowest classification of resisting arrest charges, known as disorderly persons offenses, are punishable by six months in the county jail.

Consult with an Edgewater Resisting Arrest Attorney 

With offices conveniently located in Hackensack, New Jersey, Mr. Tormey and the attorneys at The Tormey Law Firm represent clients throughout northern New Jersey on a daily basis. They have the knowledge and resources to combat the State’s case against you or someone you love and will readily employ these to achieve the most favorable outcome. If you’ve been accused of resisting arrest in New Jersey, contact our offices anytime at (201)-330-4979 or use our online contact form to schedule a free consultation.

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