Resisting Arrest in Elizabeth, NJ: Understanding the Charges and Your Defense
Resisting Arrest Attorney Elizabeth, NJ
Resisting Arrest Attorney Elizabeth, NJ
Being accused of resisting arrest in Elizabeth, New Jersey, is a serious matter that can carry significant penalties, including jail time, fines, and a lasting criminal record. Even if you believe the arrest was unlawful or unjust, resisting can lead to additional charges and complications in your case. Understanding the complexities of New Jersey’s resisting arrest laws and having a skilled criminal defense attorney by your side is crucial to protect your rights and achieve the best possible outcome.
Facing Resisting Arrest Charges? Protect Your Rights and Freedom
When facing a resisting arrest charge in Elizabeth, NJ, retaining Brett M. Rosen, Esq. is a crucial step towards ensuring a strong defense. As a distinguished criminal defense attorney, Brett M. Rosen has a stellar reputation for successfully handling complex cases. Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction held by less than 1% of attorneys in the state, Rosen’s expertise is unmatched. His deep understanding of New Jersey’s legal system, combined with his dedication to achieving favorable outcomes for his clients, makes him the ideal advocate for your case. With numerous accolades and a proven track record, Brett M. Rosen is the attorney you need to navigate the legal challenges of a resisting arrest charge effectively.
Contact him today at 908-312-0368 or email him at brett@nynjcriminalcivilesq.com for a free consultation.
What Constitutes Resisting Arrest in New Jersey (N.J.S.A. 2C:29-2)?
New Jersey law prohibits actions that purposefully prevent or attempt to prevent a law enforcement officer from effecting a lawful arrest. This includes:
- Physical resistance: Physically struggling, fighting, or using force to avoid being arrested.
- Flight: Running away or attempting to flee from a police officer who is trying to arrest you.
- Threats or intimidation: Threatening an officer with violence or creating a risk of bodily injury to the officer or others.
- Passive resistance: Refusing to comply with an officer’s lawful commands during an arrest, such as refusing to put your hands behind your back or provide identification.
If the charge for resisting arrest does not include flight, then the prosecutor must prove the following elements beyond a reasonable doubt:
- That was a law enforcement officer.
- That was effecting an arrest.
- That defendant knew or had reason to know that was a law enforcement officer effecting an arrest.
- That defendant purposely prevented or attempted to prevent from effecting the arrest.
If the prosecutor fails to prove one element above beyond a reasonable doubt, then the jury must find defendant not guilty.
Penalties for Resisting Arrest in New Jersey
The penalties for resisting arrest in New Jersey can vary depending on the circumstances of the case and any aggravating factors:
Disorderly persons offense:
- If you merely refuse to comply with an officer’s commands or passively resist arrest, you may be charged with a disorderly persons offense, which is punishable by:
- Up to 6 months in jail
- A fine of up to $1,000
- If you merely refuse to comply with an officer’s commands or passively resist arrest, you may be charged with a disorderly persons offense, which is punishable by:
Fourth-degree crime:
- If you attempt to flee from an officer on foot, you may be charged with a fourth-degree crime, punishable by:
- Up to 18 months in prison
- A fine of up to $10,000
- If you attempt to flee from an officer on foot, you may be charged with a fourth-degree crime, punishable by:
Third-degree crime:
- If you use or threaten to use physical force against an officer, or if you create a substantial risk of physical injury to anyone while resisting arrest, you may be charged with a third-degree crime, punishable by:
- Up to 5 years in prison
- A fine of up to $15,000
- If you use or threaten to use physical force against an officer, or if you create a substantial risk of physical injury to anyone while resisting arrest, you may be charged with a third-degree crime, punishable by:
Beyond the Penalties: Collateral Consequences of a Resisting Arrest Conviction
In addition to the immediate legal penalties, a conviction for resisting arrest can have a lasting impact on your life:
- Criminal record: This can affect your ability to obtain employment, housing, or professional licenses.
- Difficulty finding employment or housing: Many employers and landlords conduct background checks, and a resisting arrest conviction can raise concerns about your respect for authority and willingness to comply with the law.
- Damage to your reputation: A conviction can tarnish your reputation and affect your relationships with friends, family, and community members.
- Immigration consequences: For non-U.S. citizens, a resisting arrest conviction can lead to deportation or other adverse immigration consequences.
Potential Defenses Against Resisting Arrest Charges
The specific defense strategies employed will depend on the unique facts and circumstances of your case. Some common defenses that may be applicable include:
- Excessive Force by Police: If the police used excessive force during the arrest, you may have a defense if your resistance was a reasonable response to the officer’s actions.
- Lack of Knowledge of Arrest: If you were unaware that you were being arrested or that the person attempting to arrest you was a police officer, this could be a defense.
- Insufficient Evidence: If the prosecution lacks sufficient evidence to prove that you intentionally resisted arrest, we will challenge the charges and seek a dismissal or acquittal.
- False Accusations or Mistaken Identity: If you believe you’ve been falsely accused or misidentified, we will investigate the allegations and gather evidence to prove your innocence.
Frequently Asked Questions About Resisting Arrest Charges in Elizabeth, NJ
- What should I do if I’m being arrested and believe the arrest is unlawful?
- It’s important to remain calm and avoid resisting arrest, even if you believe it’s unlawful. You can politely inform the officer that you believe the arrest is unlawful, but do not physically resist or interfere with the officer’s actions. Once you have the opportunity, contact an attorney to discuss your options and challenge the legality of the arrest in court.
- Can I be charged with resisting arrest even if I didn’t physically resist?
- Yes, resisting arrest can also include fleeing from an officer or using threats or intimidation. Even passive resistance, such as refusing to comply with an officer’s lawful commands, can lead to charges.
- What if I was simply trying to protect myself from excessive force by the police?
- If the police used excessive force during the arrest, and your resistance was a reasonable response to that force, you may have a defense. However, it’s important to have an attorney who can gather evidence, such as witness statements or video footage, to support your claim of self-defense.
- What are the potential immigration consequences of a resisting arrest conviction?
- A resisting arrest conviction, especially if it involves violence or threats, can have serious immigration consequences for non-U.S. citizens, including deportation or denial of naturalization.
- Can I get a resisting arrest charge expunged from my record?
- In some cases, it may be possible to expunge a resisting arrest conviction from your record after a waiting period. However, eligibility requirements and the expungement process can be complex.
FAQs on Resisting Arrest Charges in Elizabeth, NJ (Continued)
- Can I be charged with resisting arrest even if I was eventually arrested?
Yes, you can still be charged with resisting arrest even if you were ultimately taken into custody. The focus is on your actions during the arrest, not the final outcome. If you physically resisted, fled, or threatened the officer, you could face charges regardless of whether the arrest was successful.
- What if I was simply trying to protect myself from excessive force by the police?
If the police used excessive force during the arrest, and your resistance was a reasonable and proportionate response to that force, you may have a valid defense. However, it’s crucial to have an experienced attorney who can gather evidence, such as witness statements or video footage, to support your claim of self-defense.
- What if I didn’t understand the officer’s commands or didn’t realize I was being arrested?
If you genuinely didn’t understand the officer’s commands or were unaware that you were being arrested, this could potentially be a defense. However, the prosecution will likely argue that a reasonable person would have understood the situation. It’s important to have an attorney who can assess the circumstances and present evidence to support your claim.
- Can a resisting arrest charge be expunged from my record?
In some cases, it may be possible to expunge a resisting arrest conviction from your record after a certain waiting period, depending on the degree of the offense and other factors. However, the eligibility requirements and expungement process can be complex.
- What if I was charged with other offenses in addition to resisting arrest?
If you’re facing multiple charges, it’s even more critical to have an experienced attorney who can develop a comprehensive defense strategy that addresses all aspects of your case. We will work to minimize the overall impact of the charges and fight for the best possible outcome on each count.
Additional FAQs:
- What are the potential consequences of a resisting arrest conviction on my employment prospects?
A resisting arrest conviction can negatively impact your ability to find or keep a job, especially in fields requiring a clean criminal record or security clearance.
- Can a resisting arrest conviction affect my ability to obtain a professional license?
Depending on your profession and the nature of the resisting arrest charge, a conviction could impact your ability to obtain or renew a professional license. Certain licensing boards may view a conviction as evidence of unprofessional conduct or a lack of good moral character.
- What are the potential long-term consequences of a resisting arrest conviction?
A resisting arrest conviction can have lasting consequences beyond the immediate penalties. It can:
- Create a criminal record, limiting future opportunities
- Affect your ability to travel internationally
- Damage your reputation and relationships
- Can a resisting arrest charge be dropped if I apologize to the officer?
An apology might be seen as a sign of remorse, but it’s unlikely to lead to an automatic dismissal of the charges. The decision to pursue the case rests with the prosecutor.
- What if I believe the officer used excessive force during the arrest?
If you believe the officer used excessive force, it’s important to document any injuries and gather witness statements or video evidence, if possible. An attorney can help you file a complaint and potentially use the excessive force as part of your defense strategy.
Remember, these FAQs are just a starting point. If you are facing resisting arrest charges in Elizabeth, NJ, it’s essential to consult with an experienced attorney like Brett M. Rosen, Esq., to discuss your specific case and explore all available legal options.
Why Choose Brett M. Rosen, Esq. as Your Elizabeth Resisting Arrest Attorney
When facing resisting arrest charges, it’s crucial to have a skilled and experienced attorney by your side to protect your rights and fight for the best possible outcome.
Brett M. Rosen, Esq., and his team offer:
- Extensive Experience in Resisting Arrest Defense: We have a proven track record of success in defending clients against resisting arrest charges in Elizabeth and throughout Union County.
- In-Depth Knowledge of Local Laws and Procedures: We understand the nuances of New Jersey’s resisting arrest laws and the court procedures in Elizabeth, enabling us to navigate the legal system efficiently and effectively on your behalf.
- Personalized Attention and Aggressive Advocacy: We recognize that every case is unique. We will take the time to listen to your story, understand your concerns, and develop a tailored defense strategy that addresses the specific circumstances of your case. We will fight aggressively to protect your rights and achieve the best possible outcome.
- Commitment to Protecting Your Rights and Future: We are dedicated to fighting for your rights and minimizing the impact of resisting arrest charges on your life.
Don’t Face Resisting Arrest Charges Alone – Contact Brett M. Rosen, Esq. Today
Facing resisting arrest charges is a serious matter with the potential for lasting consequences. Don’t navigate the complexities of the legal system alone. Contact Brett M. Rosen, Esq. today for a free and confidential consultation. We will review your case, explain your rights, and fight tirelessly to protect your freedom and future.
Call us now at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com to schedule your free consultation. We’re ready to provide you with the experienced and aggressive representation you need to achieve the best possible outcome.
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. It is crucial to consult with an experienced attorney regarding your specific legal situation.
Remember, your future is worth fighting for. Take action today and let us help you navigate the complexities of resisting arrest charges and protect your rights.