Resisting Arrest Charges in New Jersey
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Resisting Arrest Charges in New Jersey
Resisting Arrest is a one of the most common criminal charges in New Jersey. If you are charged with Resisting Arrest in New Jersey, the first thing you should do is hire a New Jersey Criminal Defense Lawyer. We are professionals and it is our job to protect you.
You and a group of friends are hanging out one day. One of you is smoking marijuana (a nice phat blunt). A police officer approaches and tells everyone to stay where they were. You start walking away. The cop goes after you and the next thing you know you are being charged with Resisting Arrest. He may even charge you with Eluding.
A confrontation with a cop can cause anyone to get nervous. You might be able to understand being charged with Marijuana Possession, but you never resisted arrest. Yet, here you are with a criminal complaint against you.
Do you go to court alone? Do you need a lawyer? Will this crime show up on your record? Will you go to jail?
You do not have to settle for a criminal conviction. As Resisting Arrest Defense Lawyers in New Jersey, we know the law and we know how to protect you.
To win a Resisting Arrest charge, the government must prove that you consciously tried to prevent your arrest. Frequently, a person is charged with Obstruction of Justice or Criminal Mischief when they get charged with Resisting Arrest Charge.
Nobody wants a criminal conviction of their record. If you receive a complaint for Resisting Arrest, call us. We have had many clients facing a charge of Resisting Arrest and have successfully argued on their behalf in court. Take advantage of our Free Consultation.
A Common Example
The police get a call that a young man wearing a black bomber jacket tried to steal a cell phone. You happen to be wearing your favorite black jacket. The police see you, and determine that you “match the description”, and order you to stop.
You are late to class for an exam and have no idea why you are being stopped. You ask the cops questions, but they don’t answer you. After all, they consider you to be a threat. As you try to leave, you are physically stopped by the officer. You struggle as you are handcuffed. Later you are charged with Resisting Arrest. It is important to understand that even if you are innocent of the cellphone crime, you can be charged with Resisting Arrest.
You and a group of friends are at a bar, drinking and having a good time. Somebody drinks too much and starts a fight. The fight spills out onto the sidewalk. You are trying to stop the fight. The police are called. Emotions are running high as the officers arrive. Somebody says, “He started it”. The police think you are the aggressor and handcuff you. You struggle to break free.
In addition to Resisting Arrest, you are also charged with Simple Assault.
NJ's Law regarding Resisting Arrest
According to New Jersey Law, Resisting Arrest can be charged when a person purposely prevents or attempts to prevent a law enforcement officer from making an arrest. To be convicted for Resisting Arrest, the prosecutor must also prove that the person knew they were under arrest, or that the officer was acting under the “color of the law”. This means that the officer was acting under his authority as a police officer.
It is important to know that you can be charged with resisting Arrest, even when the arrest is later proven to have been unlawful. The law is complicated, and you need a Criminal Defense Lawyer who understands the law, and how to protect you.
Penalties for Resisting Arrest Under New Jersey Criminal Laws?
Resisting Arrest is a Disorderly Persons offense in most cases. The maximum jail sentence is 6 months. However, Resisting Arrest becomes a Fourth Degree Indictable crime if the person runs away. And if the person resisting arrest threatens to use or does use physical force against a law enforcement officer, the Resisting Arrest charge becomes a Third Degree Indictable crime.
Fourth degree crimes in New Jersey are indictable offenses punishable by a term of incarceration of up to 18 months. Third degree crimes in New Jersey are indictable offense punishable by a term of incarceration ranging from 3 to 5 years. Fourth and Third degree crimes have what is known as a presumption of non-incarceration. This means that, if convicted, and depending on your criminal record, the judge will consider other punishments first, such as probation, before prison time. Another benefit is that if you do not have a criminal record, you may be a candidate for Pretrial Intervention (PTI). With PTI, while you will be on probation for a period of time. Once you successfully complete probation, the charges will be dismissed.
Click here to learn more about How Crimes are Graded in New Jersey.
Do you really need a Resisting Arrest Lawyer?
If you are charged with Resisting Arrest, do not hope it will just go away. Resisting Arrest is a serious charge. Call us. We have a proven record of helping people. We pride ourselves on fighting to the end to protect our clients.
Free Case Evaluation on Resisting Arrest Offenses Charges
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