Small Large

Point Pleasant Beach Resisting Arrest Attorney

Charged With Resisting Arrest in Point Pleasant Beach

Point Pleasant Beach is a hot spot on the Jersey Shore that definitely has an inflated number of resisting arrest charges given its limited population of 4,665. There is little doubt that the influx of summer visitors, alcohol and several extremely popular bars and clubs all contribute to so many being charged with resisting arrest in this borough. If you are facing a resisting arrest offense filed by the Point Pleasant Beach Police Department, hiring a competent attorney to protect your rights is a must. There is little tolerance by law enforcement in Point Pleasant Beach for those who become involved in altercations with officers so it is extra important to have a skilled lawyer when you are arrested for resisting arrest. That is precisely what you can secure by hiring the lawyers at Law Offices of Jonathan F. Marshall. We not only have a track record of success handling cases in this jurisdiction for decades but also happen to employ Matthew Dorry, the former prosecutor of Point Pleasant Beach. Matt and the other Point Pleasant criminal attorneys at our firm are available immediately to provide you with a free consultation at 732-286-6500.

Point Pleasant Beach Resisting Arrest Offense

A resisting arrest offense arises out of N.J.S.A. 2C:29-2 of the New Jersey Criminal Code. Subsection (a) of this statute is relevant for this discussion and provides that:

2C:29-2. Resisting Arrest; Eluding Officer. 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.

There are two important points to keep in mind relative to the language of this law. First and foremost, you must have the purpose to resist in order to be convicted of a Point Pleasant resisting arrest. Someone freezing up or pulling back out of confusion or shock does not suffice in terms of a violation although we often encounter just that as the basis for a Point Pleasant Beach resisting arrest offense. The second thing you also need to know is that the unlawfulness of an encounter is irrelevant to your defense. There may have been a total lack of legal basis for police to stop you or make an arrest but that is not a defense under the New Jersey resisting arrest law.

Point Pleasant Beach Resisting Arrest Defense Lawyer

We are certainly aware of the honky-tonk atmosphere that exists in Point Pleasant Beach in the summer. We are also sensitive to the hyper vigilance of the police in the municipality on occasion. A lawyer is ready to navigate the facts that have been created and to give you the opportunity to avoid a criminal record. In fact, our attorneys have a consistent track record of succeeding in this mission. We therefore have no doubt that the lawyers at Law Offices of Jonathan F. Marshall are highly capable of assisting you. Call our office at 732-286-6500 for a free consultation with an attorney.

Related Point Pleasant Beach Pages & Resources:Point Pleasant Beach NJ Assault Attorneys

Point Pleasant Beach Disorderly Conduct Lawyer

Point Pleasant Beach NJ Underage Alcohol Possession Attorney

Point Pleasant Beach Fake ID Defense Lawyers

Point Pleasant Beach Marijuana Possession Attorney

Point Pleasant NJ Cocaine Possession Lawyer

Point Pleasant Drug Possession Attorneys

What Clients Say About Our Ocean County Criminal Defense Attorneys
Exemplary attorneys. I hired them for a DUI and an expungement. I was happy with the results for both cases. Special thank you to Samera for always answering all of my calls and questions JC
I'm 45 years old and this was my first time ever getting in trouble with the law. I was in need of a lawyer and after careful research, I called John F. Marshall Attorneys and was introduced to Abe Basch. Abe was professional, supportive and very thorough. I had three charges against me, one civil and two criminal. I was so scared and expressed that to Abe. The first day I had to go to court, I was an absolute nervous wreck but Abe prepped me and kept my anxiety levels down by going over the process of the courts thoroughly with me. He fought to get my charges dismissed and won all three cases (two court appearances). Abe is positive, confident and he ensured I felt the same way. I'd like to say thank you to Abe for working so diligently on my cases to get them dismissed. I feel like a weight has been lifted off my chest! I highly recommend Abe for any charges you may be faced with. Rose C.
I was out of state on a family emergency and I had to retain council asap as a boy friend was sitting in county jail with the new no bail point system and Mr marshal and staff made me feel Soo much better knowing that my detained loved one was in such great hands! He spoke to me as I was outta state kept in touch allowed me to work out payment due to the situation and just all out the difference in my bfs voice alone with all the medical problems and such he was going threw sounded better than he had since the first day he was there and was Soo happy that Mr marshal went that day retained to see him in the jail and have him ready for court which wasn't supposed to be till Friday but again Mr marshall and team got it so we can get him now on wendsday and all I have to say is if your looking for a real down to earth lawyer that will work with you and help in anyway possible and I can't for get the team at the office TONI and everyone else thank you again I'd give 100 stars if I could! Nicole J.
Contact Us