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New Jersey Resisting ArrestWe represent clients charged with N.J.S.A. 2C:29-2; New Jersey resisting arrest complaints in central New Jersey municipalities including East Brunswick, New Brunswick, Woodbridge, Edison, Old Bridge, North Brunswick, South Brunswick, South River, Monroe and Sayreville and indictments filed in Middlesex County, Monmouth County, Mercer County, Somerset County, Essex County, Union County, and Hudson County. Under New Jersey resisting arrest law, a person is guilty when he or she purposely prevents a law enforcement officer from effecting a lawful arrest. Although resisting arrest is a disorderly persons offense, it may be elevated to an indictable crime if the person uses or threatens to use force or violence against the officer or another person - third degree - or if he or she uses any other means to create a substantial risk of causing physical injury to the public servant or another - fourth degree. Flight from an officer who is intending to arrest is a fourth degree crime. Exposure Under New Jersey Resisting Arrest Law, a person convicted of this disorderly persons offense - note that third and fourth degree offenses are subject to heavier punishment and penalties - is subject to a fine of up to $1000 plus assessments to Victims of Crime Compensation Board and to the Safe Neighborhood Services Fund of approximately $125. Although a person convicted of this offense who has not been previously convicted of an offense is entitled to a presumption of non-incarceration, defendant may be sentenced up to six months in jail. If a motor vehicle was used in the course of committing the offense, the court may suspend the defendant's driver's license up to two years. If the defendant holds a public office, a conviction may result in forfeiture of office. Expungement Provided defendant has not been convicted of more than three disorderly or petty disorderly persons offenses, or defendant has not been convicted of an indictable offense, he or she may have their conviction expunged five years after sentence is carried out. Statute of Limitations Prosecution must be commenced within 1 year after the offense is committed. Prosecution commences when a warrant or other process such as a summons or complaint is issued. If the charge is indictable then prosecution must commence within five years. Prosecution commences in indictable charges when the grand jury indicts the defendant. Strategy The best case result for any type of charge is dismissal - no record and no fine - although more often than not it is not possible to procure such a favorable result for this offense. If a dismissal is not attainable then the next best possible outcome would be a plea to some municipal ordinance, which will preclude one from sustaining the stigma that an offense attaches to one's record. However, defendant will be fined by the Court, although fines for municipal ordinances are much lower than are fines for disorderly persons offenses. Usually resisting arrest accompanies other charges such as obstructing administration of law, harassment or simple assault, in which case defendant should try to merge all the charges into one. Did You Know A person may be convicted of this offense even if the arrest was unlawful, so long as the officer did not use unlawful force. Even a hand movement to make it difficult to handcuff constitutes an offense under this statute. However, defendant cannot be charged under this law for resisting a private security officer such as in the case of shoplifting.
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