If you’ve been charged with resisting arrest in New Jersey, you may be unsure what the law actually considers “resisting” and how serious the consequences can be. Even brief interactions with law enforcement can lead to criminal charges if certain actions are taken or misunderstood. For more information and skilled legal advice, continue reading and consult with an experienced Mercer County criminal defense lawyer today.
What is Considered Resisting Arrest in NJ?
Under N.J.S.A. 2C:29-2, resisting arrest occurs when a person purposely prevents or attempts to prevent a law enforcement officer from making a lawful arrest. This can include physical actions like pulling away, running, and struggling, or non-physical conduct that actively interferes with an officer’s attempt to make an arrest.
The law focuses on intent, meaning prosecutors must show you knowingly tried to interfere with the arrest. Even brief resistance can lead to charges, which is why understanding your rights early is critical.
Resisting arrest does not always require violence. Simply fleeing from an officer after being told you’re under arrest can qualify. However, using force or threats may elevate the charge to a more serious offense.
Is Resisting Arrest a Misdemeanor or Felony?
Resisting arrest can be charged as a disorderly persons offense (New Jersey’s term for a misdemeanor) or an indictable crime (equal to a felony), depending on the circumstances of the situation.
For example, a person is guilty of a disorderly persons offense if they purposely prevent or attempt to prevent a law enforcement officer from effecting an arrest. However, a person is guilty of a crime of the fourth degree if they do so by flight. Using or threatening to use physical force, violence, or any other means to create a substantial risk of causing physical injury to the law enforcement officer or another is considered a third-degree crime.
The highest charge of resisting arrest is a second-degree crime, which can result if a person, while operating a motor vehicle, knowingly flees or attempts to elude a police officer while creating a risk of death or injury to any person.
What Are the Penalties for Resisting Arrest?
The penalties you can incur for resisting arrest depend on the severity of the charges you are facing. Consider the following.
- Disorderly persons offense: Up to 6 months in jail and fines of up to $1,000
- Fourth-degree crime: Up to 18 months in jail and fines of up to $10,000
- Third-degree crime: 3 to 5 years in state prison and fines of up to $15,000
- Second-degree crime: 5 to 10 years in state prison and fines of up to $150,000
Depending on the specific circumstances, your driving privileges could be suspended or revoked. Because the penalties can be so severe, it is crucial that you are adequately represented. Reach out to a skilled attorney today for more information.
