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Seaside Heights Resisting Arrest Offense

Resisting Arrest Attorney in Seaside Heights NJAlmost anyone can make the mistake of pulling back or freezing when confronted by a police officer and this is the explanation for many of the resisting arrest offenses filed in Seaside Heights. There are also more obvious efforts to resist the Seaside Heights Police such as attempting to run from an officer. Irrespective of how you came to be charged with resisting arrest in Seaside Heights, this is not for dabbling without an attorney. Emotions tend to be much higher in resisting arrest cases so it is never advisable for someone who is unrepresented to interact with an arresting police officer. You definitely want a skilled lawyer to be speaking directly with law enforcement rather than you. Our attorneys have been dealing with prosecutors and police for decades, having even served as prosecutors in approximately 15 Ocean County towns. We know what needs to be said and how to deliver it so that you have the best chance of having your Seaside Heights resisting arrest summons/ticket downgraded or dismissed. To speak to one of the lawyers at Law Offices of Jonathan F. Marshall in a free initial consultation, contact us anytime 24/7 at 732-286-6500.Resisting Arrest Charge in Seaside HeightsThe New Jersey Resisting Arrest Law is set forth at N.J.S.A. 2C:29-2. A person may commit this offense if he/she engages in two varieties of conduct. The first way you can be convicted of resisting arrest if it is found that you purposely prevented or attempted to prevent a police officer from making an arrest. The second way you can violate 2C:33-4 is by fleeing police in order to avoid an arrest. You should also know that it is not a defense to this charge that the police officer was acting unlawfully so long as he is announces his intention to arrest and is acting in an official capacity (e.g. in uniform, shows badge, etc.).

Grading of Resisting Arrest Charges in Seaside Heights. The penalties that can be imposed for resisting arrest depend on the grade of the charge. It is a disorderly persons offense to prevent or attempt to prevent arrest. If the manner of resisting is by flight, the offense is a fourth degree crime. Resisting arrest escalates to a third degree crime where the accused engages in threats, physical force, violence or conduct that causes a substantial risk of physical injury to the public, in order to avoid arrest. Fourth degree and third degree resisting are indictable felony offenses that may only be decided at the Ocean County Superior Court.

Penalties That May Be Imposed For A Seaside Height Resisting Arrest Offense. Disorderly persons offenses for resisting arrest carry a fine of up to $1,000 and a county jail sentence that can reach six (6) months. The maximum period of incarceration is 18 months and 5 years for fourth degree and third degree resisting arrest, respectively. The fine can be as high as $10,000 for a fourth degree crime and $15,000 for a third degree crime.

Seaside Heights NJ Resisting Arrest LawyerIt may be that you had no idea what was happening when the Seaside police officer was attempting to arrest you. Conversely, it may be that you knew that an arrest was being made but felt is was unwarranted. Either way, the attorneys at Law Offices of Jonathan F. Marshall have the know-how to secure the result you need, namely, averting a conviction under 2C:29-2. A lawyer on our defense team is available any time of day or night to assist you at 732-286-6500. Lawyers are ready discuss the specific of your case now.
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