NEW JERSEY CRIMINAL LAWYERS

Hunterdon County Resisting Arrest Lawyers

Charged with Resisting Arrest in Hunterdon County, NJ? Here is What You Need to Know

Have you been accused of hindering or preventing arrest or eluding a police officer in Hunterdon County, NJ? This crime of resisting arrest does not limit itself to fighting against the police. Apart from physical altercation, it often arises as a result of someone simply trying to pull themselves away or failing to immediately submit to an arrest. Whether you resist intentionally, purposefully or just because your reflexes take over and you are facing charges of aggregated assault on a police officer, simple assault, disorderly conduct; having a highly qualified defense lawyer should be at the top of your priority list.

This offense can be charged in three different degrees which determines the severity of penalties at sentencing as per N.J.S.A 2C:29-2. It is quite common that resisting arrest gets filed in connection with these charges including aggravated assault on a police officer, disorderly conduct and simple assault.

In general, hindering or preventing such an arrest for any reason by a law enforcement official is considered a disorderly persons offense. However, if someone chooses flight to evade arrest then their charge count raises up to fourth degree crime for resisting arrest. Further still if someone resists by use or threat of physical force/violence against the officers or has created substantial risk injury for the police then they will face third degree criminal charges.

To convict you with resisting arrest there are certain required elements which must be established first:
*The nature and circumstances of your conduct must have been intentional where your conscious goal was to interfere/stop an intended lawful custody.
*The police officer has started acting under color-of-law regarding their official capacity upon detaining/arresting you while carrying out their duty.
*Your arresting office during custody has announced her/his “intent” to make an apprehension.

If you are charged with fourth-degree resisting arrest, or third-degree resisting arrest there are some additional elements that need to be demonstrated such as in the case of fourth-degree resisting arrest stopping or disallowing the arresting officer from catching you is punishable. Similarly, using violence, posing threats or endangering lives in any way by which law enforcement is unable to make a legal custody will lead it to third-degree.

Are You Within Your Rights to Resist An Unlawful Arrest?

Regardless of whether it’s lawful or not, individuals are required by law to submit themselves for arrest if an authorized officer places them under arrest. Submitting in such situations rather than escalating a conflict. Contesting the charge can only be done in court and not when it is happening on the field.

Is Self-Defense A Valid Defense Against a Resisting Arrest Charge?

Yes, it surely is. If you feel excessively brutal force from an officer then using a reasonable amount of force becomes necessary to break away. There must be concrete evidence that suggests threat was imminent and limited force was used primarily for self-preservation purposes.

Possible Penalties For Resisting Arrest In Local Municipalities Like Union Township or Tewksbury

Penalties depending upon different counts may vary significantly for violation of N.J.S.A 2C:29-2 just like any other criminal offence.

For instance, disorderly persons offense for resisting arrests means possible jail time of up to six months (in Hunterdon County Jail) and/or $1000 fine as determined during municipal court hearings. However, fourth degree charges would declare your violation an indictable offense thus only proceedings at county courts (such as Flemington) may take place where penalties increase to 18 months long term incarceration and fines up to $10 000.

Third degree resistive arrest charges imply maximum terms of five years imprisonment and maximum fines that are equal to or exceed $15,000., determined through further hearing at county courts exclusively.