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Resisting Arrest: Safeguarding Your Rights and Fighting for Your Future
Resisting arrest is a severe offense that can lead to charges ranging from a misdemeanor to felony charges. If you face a resisting arrest charge in New Jersey, it’s crucial to understand your rights and have an experienced criminal lawyer defend your case.
At Todd Spodek Law Firm, we offer you the legal representation you need to navigate the criminal justice system successfully. Our firm has years of experience serving clients throughout New Jersey, including Camden County, Winslow, Cherry Hill, and beyond. With our team of former prosecutors and skilled criminal lawyers with a combined 100 years of experience, we have the knowledge and skills needed to fight for your rights.
Elements of Resisting Arrest Charge
According to N.J.S.A. 2C:29-2, non-submission during an arrest constitutes resisting arrest. Depending on the level of resistance shown in the act, the charges could range from misdemeanor disorderly persons offense to third or fourth-degree felony crimes.
For prosecutors to establish your guilty nature when charged with resisting arrest, they must prove four elements:
1. You prevented the arrest from happening
2. The arresting officer was a law enforcement officer
3. The officer acted under authority color by announcing their intent to effectuate an arrest.
4. You acted purposely intending to oppose or resist the pending charge against you.
It’s important to note that even if you were unlawfully arrested, you may still be prosecuted for resisting that illegal detention as long as it was under official authority color.
Penalties for Resisting Arrest
When convicted or pleading guilty to disorderly persons offenses such as resisting unlawful arrests in NJ criminal courts carry fines up $1,000 and jail imprisonment of up six months plus other fees incurred.
Fourth-degree offenses carry fines up $10 000 alongside imprisonment durations lasting 18 months plus additional penalties depending on specific court cases underlying circumstances.
With a third-degree resist arrest charge, fines may go up to $15,000, while prison sentences could run from three to five years alongside other charges.
Defending Resisting Arrest Charges
At Todd Spodek Law Firm, our criminal attorneys use effective legal strategies to fight against resisting arrest charges. By looking into the circumstances surrounding your case and examining Fourth Amendment violations and any other misconduct by law enforcement officers involved in your case – this information helps us create a strong defence strategy by suppressing any evidence.
We will work tirelessly to expose any discrepancies in the state’s evidence and work relentlessly on building a strong fighting defense geared towards safeguarding your rights during your court proceedings.
Contact US
If you face NJ resisting arrest charges, Todd Spodek Law firm is here for you. Our skilled team of criminal lawyers will support you throughout the legal process while ensuring favorable outcomes. Contact us today at 856-772-0700 to schedule a free consultation with one of our expert attorneys.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS