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Monmouth County Criminal Defense Lawyers

If you have been arrested, charged with a criminal offense, or are under investigation, it is crucial that you speak to an experienced Monmouth County Criminal Defense Lawyer about your options.

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We have successfully defended our clients against thousands of Criminal, DWI, and Municipal Court charges throughout Monmouth County and New Jersey

Resisting Arrest

Resisting Arrest Lawyers in Freehold NJ

Need Local Lawyer in Belmar for Resisting Arrest Charge. The majority of resisting arrest offenses issued in Monmouth County stem from either an alcohol or temper fueled argument. Altercations are going to occur but once an officer gets involved, things can quickly escalate for a Defendant. As you will see below, resisting arrest can either be a third or fourth degree felony or it can be a disorderly persons offense (misdemeanor). As previously touched upon, most resisting arrest charges stem from some form of an altercation and as such, rarely is a Defendant only charged with resisting arrest. Most Defendants charged with resisting arrest also tend to find themselves facing simple assault, terroristic threats, disorderly conduct, harassment, aggravated assault or obstruction of justice charges as well. These are all very serious criminal charges and they cannot be taken lightly. If convicted of resisting arrest in Monmouth County, a Defendant is facing not only a potential State Prison sentence but will also be scarred with a felony criminal record as well.

Need Local Monmouth County Lawyer for Resisting Arrest Charge

If you or a loved one has been charged with a criminal offense in towns like Howell, Hazlet, Tinton Falls, Belmar, Long Branch, Ocean Township, Wall, Neptune City, Asbury Park or Red Bank, the Law Offices of Proetta & Oliver can help. Our Monmouth County criminal defense lawyers are dedicated to making sure that an alcohol fueled altercation does not jeopardize someone’s future.  We dedicate our entire practice to defending those accused of crimes in courts throughout New Jersey, including courts throughout Monmouth County. If you would like to come in and sit down with Mr. Oliver or one of the other attorneys on staff and discuss your options, please contact us at (732)858-6959. We can be reached 24/7 and as always our initial consultations whether over the phone or face to face are free. Now here is some important information on the offense of resisting arrest, including the potential penalties if convicted.

Resisting Arrest Attorneys in Hazlet NJ

Resisting Arrest Charges: N.J.S.A. 2C:29-2

Resisting Arrest is governed by N.J.S.A. 2C:29-2, which states in pertinent part that it is unlawful for a Defendant to purposely prevent or attempt to prevent a law enforcement officer from effecting an arrest. With that being said, what degree of resisting arrest a Defendant is charged with will depend directly on what the “type of conduct” the Defendant used to “prevent” the officer for effecting an arrest. Here is a breakdown in the degrees.

3rd Degree Resisting Arrest Charges in Middletown NJ: {Physical Force or Threat thereof is the Key to this Section}

  • The State must prove that the Defendant purposely prevented or attempted to prevent a law enforcement officer from effecting an arrest and while doing so the Defendant:
    • Used or threatened to use physical force or violence against the law enforcement officer or another; or
    • Used any other means to create a substantial risk of causing physical injury to the public servant or another.

4th Degree Resisting Arrest Lawyers Freehold NJ: {Flight is the Key to this Section}

  • The State must prove that the Defendant by flight purposely prevented or attempted to prevent a law enforcement officer from effecting an arrest.

Disorderly Persons Offense Resisting Arrest Charges in Belmar NJ:

  • The State must prove that the Defendant purposely prevented or attempted to prevent a law enforcement officer from effecting an arrest.

It is extremely important to note here that “ it is not a defense to a prosecution under this section that the law enforcement officer was acting unlawfully in making the arrest, provided he was acting under color of his official authority and provided the law enforcement officer announces his intention to arrest prior to the resistance”. Therefore, even if the officer was attempting to arrest the wrong person, it will not be a valid defense to resisting arrest charges.

What is the sentence for Resisting Arrest in NJ?

If a Defendant is convicted of a third degree resisting arrest charge in New Jersey they will be facing up to five (5) years in a State Prison, a fine up to $15,000 and a felony criminal record. If a Defendant is convicted of a fourth degree resisting arrest charge in New Jersey they will be facing up to eighteen (18) months in a State Prison, a fine up to $10,000 and a felony criminal record. Conversely, if a Defendant is convicted of a disorderly persons offense resisting arrest charge in New Jersey they will be facing up to six (6) months in the Monmouth County Jail, a fine up to $1,000 and a criminal record.

Resisting Arrest Lawyers in Belmar New Jersey

If you have been arrested in towns like Hazlet, Manasquan, Sea Bright, Ocean Township, Neptune, Lake Como, Long Branch or Sea Girt with a criminal offense the Law Offices of Proetta & Oliver can help. We are dedicated to making sure that no stone is left unturned when it comes to defending our clients. Our criminal defense attorneys represent clients charged with various criminal offenses, including resisting arrest, stalking, final restraining orders, criminal mischief, terroristic threats, eluding or driving while intoxicated. If you would like to come into our office and have a face to face consultation with one of our Monmouth County criminal defense lawyers, then please contact us directly at (732)858-6959. We are available 24/7 to help assist in anyway possible.

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