Charged with Resisting Arrest in NJ?
Get a The Legal Advice You Need to
Protect Your Rights!
Resisting arrest is a serious criminal offense in
the state of New Jersey. This charge is often brought against people who
believe they were being unlawfully arrested at the time and didn’t want
to go down without a fight. After the fact, they often regret their
actions as they face criminal penalties.
If you’ve been charged with resisting arrest or
eluding an officer, contact our offices today for a
consultation on your case.
The charge of resisting arrest often comes after a late night.
Perhaps you were out with friends and were confronted by officers. Maybe
you got frightened, knowing you had an active warrant. Regardless of why
it happened, you are now looking at new criminal charges and potential
NJ Resisting Arrest / Eluding Police - Penalties
In general, resisting arrest or eluding an officer is considered a
disorderly persons offense carrying a
potential 6 month jail sentence. This
includes cases where you, the suspect, are accused of purposely
preventing an officer from making an arrest.
However, if you resist arrest by flight
(running away), the charge is elevated to a crime in the fourth degree.
Fourth degree criminal resisting arrest carries up to 18 months in
prison and is considered a felony level charge.
Under certain circumstances, a resisting arrest charge can be
elevated to a third degree criminal offense. You could face third degree
criminal charges of resisting arrest if you are accused of:
- Threatening to use or using physical force or violence
against law enforcement, or
- Creating a substantial risk of causing injury to law
Third degree criminal offenses carry up to 5 years in prison.
Resisting arrest is serious and can be applied even in cases where
the arrest was unlawful. Yes, if the officer was attempting to place you
under arrest for unlawful reasons, under the law,
you still cannot resist if he is acting under color of his
authority and he announces his intention to arrest you beforehand.
Having a conviction for resisting arrest on your record can have a
dramatic impact on your life for years to come. Whether in disclosing it
on job applications or even rental agreements, such an offense carries a
pretty heavy stigma.
If you are facing charges like these and are unsure of what to do or
where to turn, we can help. A local defense lawyer can assist you in
deciphering the legal proceedings and understanding all of your options.
Free Consultation on New Jersey Resisting Arrest
Charges & Penalties
Please contact me to take me up on my offer of a free consultation on
your charge. I will review your case with you, and give you a realistic
assessment of the possible outcomes, including what you could be facing
I will also give you some thoughts on how likely I think it is that
we can beat the case, either with a dismissal, or at trial.
You can be confident that your case and, more importantly, your future are in
good hands. And my advice is free, and without further obligation if you don't
decide to hire me.
Please contact my office to speak to be about these charges. I'll offer you
my legal advice and suggestions as to what your options are, and how I can help.
I look forward to speaking with you.
J. Matthew Reisig, Attorney at Law
(888) 628-8394 or locally at (732) 625-9660
Reisig & Associates, LLC
One Broad Street
Freehold, NJ 07728
We represent clients in every criminal court across New Jersey.
A Certified Criminal Trial Attorney in New Jersey