Pursuant to the New Jersey Criminal Code, resisting arrest can be either an indictable (felony) or disorderly persons offense (misdemeanor) depending on the facts of the case. Most resisting arrest charges are either directly related to a Defendant’s sobriety; whether it be drugs or alcohol or or a split second decision where in which the Defendant panics for whatever reason. Unfortunately, that panic ridden moment could end up costing a Defendant five (5) years of their freedom. In addition, most Defendant’s charged with resisting arrest in Morris County also tend to find themselves facing Aggravated Assault on a Police Officer, Terroristic Threats, Disorderly Conduct, Possession of Heroin or Possession of Cocaine charges as well. If you or someone you know has been charged with resisting arrest in towns like Lincoln Park, Randolph, Kinnelon, Mendham, Butler, Chester, Florham Park, Washington Twp, East Hanover or elsewhere in Morris County it is imperative that you speak to an experienced criminal defense firm about your options. The law office of The Law Offices of Jonathan F. Marshall has eight Morris County criminal defense attorneys ready to assist you in anyway possible. If you would like to set up a consultation please contact our Morristown office directly at (973) 309-7050. Our attorneys are available 24/7 to answer any questions that you may have and as always our initial consultations are always free. For more information on resisting arrest, including the applicable penalties if convicted, please see below.
N.J.S.A. 2C:29-2: Resisting Arrest Lawyers in Dover NJ
Pursuant to N.J.S.A. 2C:29-2, resisting arrest can be either a third or fourth degree felony or it can be a disorderly persons offense (misdemeanor). Here is a breakdown in the different degrees of resisting arrest.
- Disorderly Persons Offense:
- The arresting officer was unable to make a lawful arrest as a result of the Defendant’s conduct;
- The arresting officer was acting under his/her authority; &
- The arresting officer announced and/or made it known to the Defendant of their attentions to arrest the Defendant.
- Fourth Degree Indictable Offense:
- The arresting officer was unable to make a lawful arrest as a result of the Defendant’s conduct;
- The arresting officer was acting under his/her authority; &
- The arresting officer announced and/or made it known to the Defendant of their attentions to arrest the Defendant; &
- Defendant fled the scene on foot in an attempt to avoid arrest.
- Third Degree Indictable Offense:
- The arresting officer was unable to make a lawful arrest as a result of the Defendant’s conduct;
- The arresting officer was acting under his/her authority; &
- The arresting officer announced and/or made it known to the Defendant of their attentions to arrest the Defendant; &
- Defendant fled the scene on foot in an attempt to avoid arrest; & in doing so,
- The Defendant used or threatened to use force against another; or
- The Defendant created a substantial risk of causing physical injury to another by fleeing.
What are the Penalties for Resisting Arrest in New Jersey?
Will I go to Jail for resisting arrest in Morris County?
As previously stated, resisting arrest can be either a third or fourth degree felony or a disorderly persons offense (misdemeanor). If a Defendant is convicted of a third degree felony in New Jersey, they could be sentenced anywhere between three-five years in a State prison and fined up to $15,000. If a Defendant is convicted of a crime of the fourth degree (felony) in New Jersey, they could be sentenced up too eighteen (18) months in a State prison and fined up to $10,000. Lastly, if a Defendant is convicted of a disorderly persons offense (misdemeanor) in New Jersey, they could be sentenced up too six (6) months in the Morris County Jail and fined up to $1,000.
With that being said, New Jersey has a couple of diversionary programs that may be available for a Defendant charged with resisting arrest in Morris County. Those programs are the Pretrial Intervention Program and Conditional Dismissal Program. If successfully completed, either program would allow for the Defendant to walk away from these otherwise life changing charges, without a criminal record, let alone without serving a day in jail. For more information on either of these programs, please contact our Morris County office at (973) 309-7050.
Montville New Jersey Resisting Arrest Lawyers
The law firm of The Law Offices of Jonathan F. Marshall has been defending individual’s charged with resisting arrest in towns like Morris Plains, Harding, Lincoln Park, Boonton, Roxbury and Florham Park for over a decade. If you or someone you know has been charged with resisting arrest or a related crime such as eluding, possession of marijuana, burglary in Morris County, New Jersey, we can help. For a free initial consultation, please contact our Morristown Office at (973) 309-7050.