Resisting Arrest

Resisting Arrest or Eluding an Officer

The Moriarty Law Firm represent clients charged with N.J.S.A. 2C:29-2; New Jersey resisting arrest complaints in New Jersey municipalities including East Brunswick, New Brunswick, Woodbridge, Edison, Old Bridge, North Brunswick, South Brunswick, South River, Monroe and Sayreville and indictments filed in Middlesex County, Monmouth County, Mercer County, Somerset County, Essex County, Union County, and Hudson County.

Under New Jersey resisting arrest law, a person is guilty when he or she purposely prevents a law enforcement officer from effecting a lawful arrest.

Although resisting arrest is a disorderly persons offense, it may be elevated to an indictable crime if the person uses or threatens to use force or violence against the officer or another person – third degree – or if he or she uses any other means to create a substantial risk of causing physical injury to the public servant or another – fourth degree.

Flight from an officer who is intending to arrest is a fourth degree crime.

Penalties for Resisting Arrest in New Jersey

Under New Jersey Resisting Arrest Law, a person convicted of this disorderly persons offense – note that third and fourth degree offenses are subject to heavier punishment and penalties – is subject to a fine of up to $1000 plus assessments to Victims of Crime Compensation Board and to the Safe Neighborhood Services Fund of approximately $125.

Although a person convicted of this offense who has not been previously convicted of an offense is entitled to a presumption of non-incarceration, defendant may be sentenced up to six months in jail.

If a motor vehicle was used in the course of committing the offense, the court may suspend the defendant’s driver’s license up to two years.

If the defendant holds a public office, a conviction may result in forfeiture of office.

We Handle All Types of Criminal Charges

Criminal charges can be brought in either the Municipal or Superior court. The more severe the criminal charges the more likely they are to be handled in Superior Court, while minor charges are typically resolved in Municipal Court. We have a well deserved reputation for being the best in both arenas.

The severity of your charges is a determination made by the State and is usually based on a variety of factors. Penalties will vary based on the degree of the crime and whether or not there was a criminal conspiracy involved.

Call (732) 842-7773 to speak with one of the Moriartys 24 hours a day, 7 days a week to discuss your charges or you can contact us by e-mail to schedule a free initial consultation.