NJ Criminal Defense

In ALL 21 NJ Counties
FREE Defense Consultation:

Open 24/7  (732) 385-3339
(888) 628-8394

  • Home
  • Practice Areas
    • All Practice Areas
    • Assault Charges
    • Arson Charges
    • Bad Checks Charges
    • Bail Jumping Charges
    • Burglary Charges
    • Cell Phone Ticket
    • Credit Card Theft And Fraud Charges
    • Criminal Coercion Charges
    • Criminal Sexual Assault Charges
    • Criminal Mischief Charges
    • Criminal Sexual Contact Charges
    • Criminal Harassment Charges
    • Domestic Violence Charges
    • Driving on a Suspended or Revoked License Charges
    • Driving Without Insurance Charges
    • Drug Possession Charges
    • Marijuana Possession Charges
    • Cocaine Possession Charges
    • Heroin Possession Charges
    • Methamphetamine Possession Charges
    • Drug Possession with Intent Charges
    • Embezzlement Charges
    • Criminal Record Expungement
    • Eluding Charges
    • False Imprisonment Charges
    • Gun/Firearms/Weapons Charges
    • Forgery Charges
    • Criminal Fraud Charges
    • Manslaughter or Murder Charges
    • Insurance Fraud Charges
    • Invasion of Privacy Charges
    • Kidnapping Charges
    • Theft Charges
    • Leaving the Scene of an Accident Charges
    • Prostitution Charges
    • Receiving Stolen Property Charges
    • Reckless Driving Charges
    • Resisting Arrest Charges
    • Violation of a Restraining Order Charges
    • Robbery Charges
    • School Zone Distribution of Drugs Charges
    • Shoplifting Charges
    • Simple Assault
    • Stalking Charges
    • Terroristic Threats Charges
    • Traffic and Driving Charges
    • Trespassing Charges
    • Juvenile Alcohol Possession Charges
    • Underage Drinking Charges
  • Case Results
  • About
    • About Our Firm
    • Certified Municipal Court Lawyer
    • Fees
  • Our Reviews
  • Q & A
  • Contact

As seen on

Reisig Criminal Defense & DWI Law, LLC ABC News
Reisig Criminal Defense & DWI Law, LLC New York
Reisig Criminal Defense & DWI Law, LLC CBS New York
Reisig Criminal Defense & DWI Law, LLC Fox News
Reisig Criminal Defense & DWI Law, LLC New York Post
Reisig Criminal Defense & DWI Law, LLC New York Times
Reisig Criminal Defense & DWI Law, LLC NJ True Jersey
Reisig Criminal Defense & DWI Law, LLC New Jersey Herald

The Police Say I Resisted Arrest But I Didn’t. How Do I Fight The Charge?

April 15, 2014 by Matthew Reisig

The strategy will vary depending on the degree of the charge, but at its base, to prove a charge of resisting arrest, prosecutors have to prove several elements in the case:

  • A police officer attempted to make the arrest
  • The accused attempted to or actually prevented the arrest
  • The police officer was acting under color of official authority and announced an intention to arrest the accused prior to the resistance
  • The conduct that prevented the accused’s arrest was intentional.

If the state alleges flight, threats, or the risk of injury to police, the charge will be heightened from a disorderly persons offense, which carries a maximum six month jail sentence, to Fourth or Third degree crimes, which are felonies.

Fourth Degree Resisting Arrest carries a sentence of up to 18 months, and Third Degree Resisting Arrest can land you up to five years in jail.

These can be difficult charges to fight, as many arrests include only two witnesses, and it comes down to your word against a police officer’s.

However, when other eyewitnesses are available, or the arrest was caught on surveillance footage, it is possible to build a persuasive case that police and prosecutors have chosen to overcharge.

When there are defenses available for a resisting arrest charge, it’s usually possible to create additional doubt on the other charges that accompany it.

If you’ve been charged with resisting arrest, Matthew Reisig is the experienced criminal defense attorney who can help you push back against the case the prosecution is building.

Call 732-625-9661 today and get help right away.

Filed Under: General Criminal Law

Primary Sidebar

Reisig Criminal Defense & DWI Law, LLC if you want to win1

RECENT POSTS

  • Police Welcome Drop in Crime During Covid-19 Lockdown; Worry Over Spike in Domestic Violence Calls
  • Domestic Violence Incidents Climb Dangerously During Covid-19 Lockdown
  • NJ’s Attorney General Cracks Down on Coronavirus Threats
  • Have You Been Charged With Domestic Violence in New Jersey During The Covid-19 Lockdown?
  • Criminal Lawyer Details Racketeering Charges & Penalties In NJ

HAVE A QUESTION? TYPE IT HERE

Categories

Reisig Criminal Defense & DWI Law, LLC Location

HOW CAN WE HELP YOU?

"*" indicates required fields

We offer free consultations. No office visit required, we will get back to you within 24 hours.

* ALL FIELDS REQUIRED

This field is for validation purposes and should be left unchanged.

Call Us Today: (888) 628-8394 or (732) 385-3339

© 2021 Reisig Criminal Defense & DWI Law, LLC
125 Half Mile Road, Suite 200, Red Bank, NJ 07701  (732)*625*9661
2500 Plaza 5, 25th floor, Jersey City, NJ 07311  (201) 793-7226
923 Haddonfield Rd, Suite #300, Cherry Hill, NJ 08002  (856) 334-0559
317 George Street, 3rd Floor, New Brunswick, NJ 08901  (732) 659-0984
Attorney Advertising / Disclaimer / Privacy Policy

* The reference to 1,389 cases without a DWI conviction applies to cases prior to November 1, 2017. This information should not create an unjustified expectation that similar results can be obtained for others without regard to the specific factual and legal circumstances.

** 82% Winning Percentage at Trial is from 2012 through 2017.