Elizabeth, NJ Resisting Arrest Attorney

Facing a resisting arrest charge in New Jersey can be stressful and confusing. Besides this charge a defendant can also be charged with hindering apprehension, obstruction of justice, aggravated assault, and eluding. When confronted with a resisting arrest charge in New Jersey, the importance of having an adept defense attorney cannot be overstated. Brett M. Rosen is a distinguished choice for representation, bringing a unique blend of passion, precision, and a track record of courtroom triumphs. His strategic legal acumen, honed through years of dedicated practice, positions him as a maestro in the legal field, capable of navigating the intricate nuances of each case with meticulous care. With accolades that speak to his expertise and a personal commitment to each client’s rights and dignity, Brett M. Rosen is the advocate you need to ensure your voice is heard and your case is presented with the utmost competence and care. Contact us today for a consultation or continue to read this guide which provides essential information about the law (N.J.S.A. 2C:29-2), potential penalties, and what to do next. 

What is Resisting Arrest in New Jersey?

New Jersey law prohibits actions that purposefully prevent a law enforcement officer from making a lawful arrest. This includes:

• Physical Resistance: Struggling, wrestling, or using force to avoid arrest.
• Verbal Resistance: Yelling, arguing, or threatening an officer during arrest.
• Fleeing: Running away from an officer after a clear signal to stop (applies to vehicle and foot pursuits).

It’s important to note: You cannot legally resist an arrest, even if you believe it’s wrongful. However, you can challenge the arrest later in court.

What Activities Constitute Resisting Arrest?

Here are some examples of actions that could lead to a resisting arrest charge:

• Tensing up your muscles or pulling away during a pat-down.
• Hitting, kicking, or spitting at an officer.
• Verbally threatening an officer with violence.
• Fleeing on foot after being ordered to stop.
• Trying to drive away after a traffic stop.

Important Exceptions:

• Passive Resistance: Simply refusing to answer questions or cooperate with an officer’s requests (within legal boundaries) isn’t resisting arrest.
• Unlawful Orders: If an officer’s order itself is unlawful, you have the right to resist (within legal boundaries).

Elements of NJ Resisting Arrest

It is the prosecutor’s job and burden to prove each element of a charge beyond a reasonable doubt. According to the New Jersey Model Jury Charge, the prosecutor must prove the following elements: 

1. That was a law enforcement officer.
2. That was effecting an arrest.
3. That defendant knew or had reason to know that was a law enforcement officer effecting an arrest.
4. That defendant purposely prevented or attempted to prevent from effecting the arrest.

If the prosecutor fail to prove just one element beyond a reasonable doubt, then the jury must find the defendant not guilty of resisting arrest. 

Potential Penalties for Resisting Arrest in New Jersey

The severity of the charge depends on the circumstances of your arrest:

• Disorderly Persons Offense: This is the most common charge for resisting arrest, carrying up to 6 months in jail and a $1,000 fine.
• Fourth Degree Crime: This applies if you resist arrest by fleeing, resulting in up to 18 months in prison and a $10,000 fine.
• Third Degree Crime: For resisting arrest that uses or threatens physical violence against an officer, you could face up to 5 years in prison and a $15,000 fine.

What to Do if Charged with Resisting Arrest in New Jersey

1. Remain Silent and Request an Attorney: This is your right under the Fifth Amendment. Don’t answer questions from law enforcement without a lawyer present.
2. Contact a New Jersey Criminal Defense Attorney: An experienced lawyer can assess your case, determine the best course of action, and fight for your rights.
3. Gather Information (For Your Attorney): If possible, gather any evidence that might support your innocence, such as witness statements or body camera footage.

Potential Defenses for Resisting Arrest Charge in NJ

These are some possibilities; your attorney will determine which applies to your case:

• Unlawful Arrest: If the police didn’t have probable cause to arrest you, the resisting arrest charge might be dropped.
• Excessive Force: If the officer used excessive force during the arrest, it could weaken the resisting arrest charge.
• Misuse of Authority: If the officer misused their authority or violated your rights, it could be a defense.
• Lack of Intent: You didn’t intend to resist a lawful arrest.
• Minimal Resistance: You only offered minimal resistance due to confusion, fear, or pain during the arrest (important to distinguish from actively fighting arrest).
• Passive Resistance: You simply refused to answer questions or cooperate with unreasonable requests that fell outside the officer’s legal authority (important to understand the boundaries of lawful police conduct).
• Mistaken Identity: The officer mistakenly identified you as someone else they were trying to arrest.
• Duress or Coercion: You were forced to resist arrest due to threats or violence from another person (rare defense with a high burden of proof).
• Unclear Orders: The officer’s orders to stop or submit to arrest were unclear or not given in a timely manner.
• Entrapment: The officer induced you to resist arrest through manipulative tactics (difficult defense to establish).

New Jersey Resisting Arrest Charge FAQ: Your Questions Answered

Facing a resisting arrest charge in New Jersey can be confusing and raise many questions. This FAQ aims to answer some of the most commonly asked questions and provide valuable information:

What Does “Resisting Arrest” Mean in New Jersey?

New Jersey law (N.J.S.A. 2C:29-2) prohibits actions that purposefully prevent a law enforcement officer from making a lawful arrest. This includes physical resistance, verbal resistance, or fleeing the scene.

What Activities Constitute Resisting Arrest?

• Tensing up or pulling away during a pat-down
• Hitting, kicking, or spitting at an officer
• Verbally threatening an officer with violence
• Fleeing on foot after being ordered to stop
• Trying to drive away after a traffic stop

Important Exceptions:

• Passive Resistance: Simply refusing to answer questions or cooperate with unreasonable requests (within legal boundaries) isn’t resisting arrest.
• Unlawful Orders: If an officer’s order itself is unlawful, you have the right to resist (within legal boundaries).

What are the Potential Penalties for Resisting Arrest in NJ?

• Disorderly Persons Offense: Up to 6 months in jail and a $1,000 fine (most common)
• Fourth Degree Crime: Up to 18 months in prison and a $10,000 fine (resisting by fleeing)
• Third Degree Crime: Up to 5 years in prison and a $15,000 fine (resisting with violence or threats)

What Should I Do if Charged with Resisting Arrest?

1. Remain Silent and Request an Attorney: This is your right under the Fifth Amendment.
2. Contact a New Jersey Criminal Defense Attorney: An experienced lawyer can assess your case and fight for your rights.
3. Gather Information (For Your Attorney): If possible, gather any evidence that might support your innocence, such as witness statements or body camera footage.

What are Some Potential Defenses?

• Unlawful Arrest: The police didn’t have probable cause to arrest you.
• Excessive Force: The officer used excessive force during the arrest.
• Misuse of Authority: The officer misused their authority or violated your rights.
• Lack of Intent: You didn’t intend to resist a lawful arrest.
• Minimal Resistance: You only offered minimal resistance due to confusion, fear, or pain.

Can I resist arrest if I believe I’m innocent?

• No. Even if you believe the arrest is wrong, you cannot resist. However, you can challenge the arrest later in court with your attorney.

What if the officer’s orders were unclear?

• If the officer’s orders to stop or submit to arrest were unclear or not given in a timely manner, it could weaken the resisting arrest charge. Your attorney can explore this as a defense.

Does running away from the police always constitute resisting arrest?

• Not necessarily. Fleeing on foot after a clear order to stop can be resisting arrest. However, there might be exceptions depending on the circumstances (e.g., fearing for your safety in a dangerous situation). Consult with an attorney for specific details.

What if I didn’t know I was being arrested?

• This could be a defense if, for example, you were confused during a chaotic situation. However, it depends on the specifics of the case.

Can mistaken identity be a defense?

• Yes. If the officer mistakenly identified you as someone else they were trying to arrest, it could be a defense.

Can I be charged with resisting arrest if an officer tricked me into fleeing?

• Entrapment, where an officer induces you to commit a crime, is a complex defense. However, your attorney can explore if the officer’s actions meet the legal definition of entrapment.

What if the officer used excessive force during the arrest?

• Excessive force by the officer could weaken the resisting arrest charge. Your attorney can investigate the use of force and potentially file a complaint against the officer.

What happens if I plead not guilty to a resisting arrest charge?

• The case will go to trial. Your attorney will present your defense and challenge the prosecution’s evidence.

Top-Notch New Jersey Resisting Arrest Charge Lawyer

Retaining a specialized criminal defense attorney like Brett M. Rosen for a New Jersey resisting arrest charge can be crucial for several reasons:

Expertise in Local Laws: Brett M. Rosen has a deep understanding of New Jersey’s criminal laws, including N.J.S.A 2C:29-2 which pertains to resisting arrest. His knowledge of local legal nuances can be pivotal in building a strong defense.

Proven Track Record: Rosen has demonstrated his legal prowess in challenging cases, including a notable instance where he secured a not-guilty verdict for a client facing serious charges. This track record can offer reassurance to potential clients that their case is in capable hands.

Strategic Defense: Rosen’s approach to defense is not just about presenting facts but also about storytelling and relating to the jury, which can be highly effective in court. His methodical and assertive cross-examination techniques have been proven to sway jury decisions in favor of his clients.

Passionate Advocacy: Beyond his legal expertise, Rosen is known for his passionate advocacy for human rights and justice. He believes in standing up for the rights of individuals, which can be a significant moral support for clients facing charges.

Potential for Reduced Charges or Dismissal: With his experience, Rosen may help clients get their charges reduced or dismissed, which is essential for preserving their future opportunities.

Personalized Attention: Rosen’s dedication to his clients is evident from his personalized approach to each case, treating clients with the care as if they were family. This level of personal attention can be comforting and beneficial during the legal process.

Awareness and Education: Rosen actively seeks to raise awareness about the legal process and advocates for the protection of human rights, which can be empowering for clients as they navigate their charges.

In summary, Brett M. Rosen’s combination of legal expertise, proven success in court, strategic defense methods, passionate advocacy, and personalized attention make him a compelling choice for anyone facing a resisting arrest charge in New Jersey. His commitment to his clients’ rights and his ability to navigate the complexities of the legal system are invaluable assets in any criminal defense case. Contact our office today for a consultation.