Resisting Arrest

Seaside Heights Resisting Arrest Defense Lawyers

Our attorneys have encountered just about every scenario you could imagine in terms of someone being charged for resisting arrest in Ocean County. Whether the offense resulted from something as minor as questioning the police or pulling your arm away when you were asked to submit to an arrest, or an actual physical struggle, our criminal lawyers can help you avoid a conviction. Do not underestimate your need for these services either as a conviction for resisting arrest in Seaside Heights, Brick, Toms River, Jackson, Stafford or another municipality results in a criminal record and serious penalties that include the potential for you to be sent to jail. A lawyer who is highly skilled in defending a resisting arrest charge like those at Law Offices of Jonathan F. Marshall can go a long way in securing a dismissal or municipal ordinance downgrade. We have over 100 years of combined experience handling resisting arrest and have even served as prosecutors in approximately 15 towns in Ocean County, including Brick, Jackson, Toms River and several others. To speak to an attorney immediately about your resisting arrest offense, call (732) 286-6500.

Resisting Arrest Offense in Ocean County

A complaint for resisting arrest can result from any number of circumstances. Actual physical resistance is obviously the most common basis for this offense but other common reasons are fleeing the police (e.g. running away), threatening an officer or failing to immediate submit. Irrespective of why you were charged, the prosecutor will need to prove this charge beyond reasonable doubt under N.J.S.A. 2C:29-2(a). In this regard, you must have prevented or attempted to prevent a police officer from making an arrest and your conduct must have been purposeful. What this means is that your conscious objective must have been to resist or prevent the arrest.

Unlawful or Illegal Arrest Is Not a Defense. It is important to keep in mind that it is not a defense that the police officer lacked a lawful basis to arrest you. As long as he/she was acting in official capacity and announced an intention to arrest you, the law requires submission. The time to challenge the conduct is when the matter reaches court rather than risking further physical violence by resisting.

Excessive Force by Police. Police may only use reasonable force in effectuating an arrest. Use of excessive force triggers a right on the part of an accused to use that level of force necessary to break away in self-protection.

Grade of Offense.  Resisting arrest arises most often as a disorderly persons offense in municipal court. The offense is enhanced to a fourth degree or third degree crime if one of several circumstances exits. If someone resists by flight, resisting arrest is a third degree crime. An entirely separate offense known as eluding applies when the flight involves a motor vehicle. Resisting arrest is a third degree crime if the conduct: (1) created a substantial risk of physical injury to the law enforcement officer or others; OR (2) involved use or threaten to use physical force or violence against the law enforcement officer or others.

Grade of Offense

Fine & Monetary Penalties

Incarceration

Disorderly Persons Offense

Up to $1,000 fine;

$50 VCCO Assessment;

$75 Safe Neighborhood Assessment;

$33 Court Costs

Six months

Fourth Degree Crime

Up to $10,000 fine;

$50 VCCO Assessment;

$75 Safe Neighborhood Assessment;

$33 Court Costs

18 Months

Third Degree Crime

Up to $15,000 fine;

$50 VCCO Assessment;

$75 Safe Neighborhood Assessment;

$33 Court Costs

5 Years

Point Pleasant Attorneys for Resisting Arrest Charge

Hiring the right lawyer can usually provide a good opportunity for you to avoid a criminal record. The reason for this statement stems from the fact that, in a significant majority of cases, the attorneys at our firm are able to avoid a conviction for resisting arrest. We are extremely familiar with the courts throughout the county as former prosecutors who have been appearing in municipal courts like Point Pleasant Beach, Beach Haven, Manchester, Ocean Township and Little Egg Harbor. Our lawyers are prepared to fight for the very best result and have a long history of securing non-criminal downgrades (e.g. municipal ordinance violation) and dismissals. Call us at (732) 286-6500 to speak to an attorney immediately free of charge.

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