Resisting Arrest

Princeton NJ Resisting Arrest Lawyers

With Offices in Trenton and Pennington

Resisting arrest is an extremely common criminal charge in New Jersey. That’s because far too many police officers bring this charge against an individual who simply fails to show a proper amount of “respect” when dealing with police. Moreover, individuals who are charged with resisting arrest often do not realize the consequences of their actions until it is too late. In fact, many people believe that they have a right to resist arrest if the arrest is wrongful or if the officer lacks probable cause. This is simply not the case. Even if the police officer has mistakenly identified you as a suspect or has no probable cause to place you under arrest, you are legally required to comply with all of the officer’s requests and peacefully submit to an arrest.

Kamensky Cohen & Riechelson is a highly respected law firm with a rich tradition in New Jersey and Pennsylvania. Our criminal defense lawyers have more than 40 years of experience defending clients against charges of resisting arrest in Hightstown, East Windsor, and everywhere else in Mercer County. We are also committed to serving the best interests of our clients, which is why we will do whatever it takes to help you beat your criminal charges. Call KCR now to start your defense.

N.J.S.A. 2C:29-2(a): Resisting Arrest Charges in Mercer County

Resisting arrest charges are addressed by N.J.S.A. 2C:29-2. Generally speaking, there are three different types of resisting arrest:

  1. Preventing an Arrest: Anyone who purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest may be charged with a disorderly persons offense.
  2. Flight from an Arrest: Anyone who runs from a law enforcement officer in order to purposely prevent or attempt to prevent the officer from effecting an arrest may be charged with a fourth degree felony.
  3. Eluding an Officer: Anyone who uses motor vehicle in an attempt to flee a law enforcement officer may be charged with a third degree felony. This charge can be bumped up to a second degree felony if the individual endangered lives while fleeing the officer.

Penalties for Resisting Arrest in Pennington NJ

The penalties for resisting arrest vary, depending upon the circumstances of the offense.

Disorderly Persons Offense – Up to 6 Months in County Jail:

  • Resisting arrest is ordinarily classified as a disorderly persons offense.

Fourth Degree Felony – Up to 18 Months in NJ State Prison:

  • If you ran from a law enforcement officer in an attempt to purposely prevent the officer from effecting an arrest, the charge may be elevated to a fourth degree felony.

Third Degree Felony – 3–5 Years in NJ State Prison:

  • If you used or threatened to use force or violence against the officer or another person while resisting arrest, the charge may be elevated to a third degree felony.
  • If you used any other means to create a substantial risk of causing physical injury to the officer or another person while resisting arrest, the charge may be elevated to a third degree felony.
  • The charge can also be elevated to a third degree felony if you operated a motor vehicle while knowingly fleeing or eluding a law enforcement officer.

Second Degree Felony – 5–10 Years in NJ State Prison:

  • If you operated a motor vehicle while knowingly fleeing or attempting to elude a law enforcement officer and created a risk of death or injury to another person, you may be charged with a second degree felony.

Additionally, if you used a motor vehicle at any point during the course of resisting arrest, the court could suspend your driving privileges in the State of New Jersey for 6 months–2 years.

Related Charges: Aggravated Assault in Lawrence NJ

A resisting arrest charge is probably most often accompanied by charges of aggravated assault. If you made any kind of physical contact with the police officer while resisting arrest, you may be charged with aggravated assault on a police officer.

Call Trenton NJ Resisting Arrest Attorneys

Kamensky Cohen & Riechelson will fight tirelessly for your rights and provide you with legal representation of the highest quality. If you have been accused of resisting arrest in New Jersey, do not hesitate to contact us. You can call us anytime to discuss your charges with one of our skilled litigators, or you can email us to schedule a free consultation at our offices in Trenton or Pennington.

Contact Kamensky Cohen & Riechelson

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Call (609) 528-2596 or (215) 337-4915 or send us an email. We're here when you need us.