Point Pleasant Beach Resisting Arrest Attorney

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.

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.

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.