NEW JERSEY CRIMINAL LAWYERS

NJ ATLANTIC CITY RESISTING ARREST DEFENSE LAWYER

Defend Against Resisting Arrest in Atlantic County with Spodek Law Group
Have you received a charge for resisting arrest in any local municipality such as Pleasantville, Egg Harbor, Margate, Atlantic City, Ventnor among others? If yes, you must take the charge seriously because it can leave you with a criminal record that will negatively impact your future. Therefore, hiring the services of an accomplished lawyer is essential to help you get a favorable outcome.
At Spodek Law Group, our attorneys possess several years handling N.J.S.A. 2C:29-2 violations on behalf of clients charged with resisting arrest offenses. We understand all the legal complexities when it comes to dealing with this type of charge and has helped numerous clients avoid the woes of obstruction, assault or similar charges.
Knowing Resisting Arrest Crimes
Whenever there is a violation of N.J.S.A 2C:29-2, there is always some form of resistance towards arrests by law enforcement personnel. This statute criminalizes behaviors deliberately preventing an executive officer from effecting an arrest or attempting to hinder such officers from making an apprehension. Using “flight” to avoid being taken into custody can escalate resisting arrest charges into fourth-degree crimes. Furthermore, if accused persons use physical force or violence against law enforcement personnel or pose significant threat causing physical injury to them, the offense becomes a third-degree crime.
Moreover, it’s essential to note that even if police offices act unlawfully while making an arrest, they have no right to resist.

Elements that Prosecutors Must Provision Evidence
For prosecutors secured convictions for resisting arrest cases; four elements must be established beyond a reasonable doubt at trials. The first element they must prove is that accused persons prevented arrests or even tried to resist it. Seconded element relies on whether and among whom arrests are made – for instance,- whether they are members of law enforcement like police officers and sheriff’s officials?. Thirdly, it’s a must to establish that officers were acting under the color of authority while making arrests and announced their mission to perform an arrest. The fourth element is to prove that accused conduct was purposeful.

Punishment for Resisting Arrest
The nature of punishment courts award accused persons for resisting arrest crimes varies depending on how severe the offense is. A disorderly persons arrest charge results in a fine up to $1,000 and imprisonment up to six months in the Atlantic county jail. On the contrary, only indictable third or fourth-degree resisting arrest cases get heard at Atlantic County Superior Court: Local municipal courts do not prosecute them.
Fourth-degree resisting requires offenders to serve a maximum of 18 months in prison and pay $10,000 as fine. For third-degree offenses, convicts face up to five years behind bars with no option but to pay fines reaching $15,000.

Respite for Resisting Arrest Charges
Under pretrial Intervention or PI, people charged with indictable resisting cases (either third or fourth degree) have the opportunity for relief. PI often allows diversionary programs aimed at helping first time offenders avoid developing criminal background records by undergoing one year probation period.
For those facing disorderly persons charges, conditional dismissal is available as another program similar to PI but is specific for such cases. This program operates in several local municipalities across Atlantic County like Brigantine, Buena Vista Northfield or Mullica.

Hire Spodek Law Group For Topnotch Defense Against Resisting Arrest Charges
You don’t have to let resisting arrest charges ruin your future when we are here at Spodek Law Group. We have highly experienced attorneys possessing specialized knowledge handling all forms of these charges filed against clients in Galloway, Mays Landing Hamilton and among other municipalities found within Atlantic County.
Call us today at (609)616-0020 so that we assign one of our lawyers with all needed skills and knowledge to help win the case in your favor.