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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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Resisting Arrest

Resisting Arrest Lawyers in Monmouth County 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.

What You Need to Know About Resisting Arrest Charges in NJ

When it comes to resisting arrest charges in New Jersey is very important to understand that an unlawful arrest will not be a valid defense to resisting arrest charges. In other words, even if the officers mistakenly believed that you were the suspect that they had probable cause to arrest, if you resist their commands in anyway, they can legally charge you and prosecute you with resisting arrest. Pursuant to NJSA 2C:29-2, “ 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”. 

What Does the Prosecutor Need to Prove for a Resisting Arrest Charge in NJ

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.

What are the Elements for a 3rd Degree Resisting Arrest Charge: {Physical Force or Threat}

  • 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.

What are the Elements for a 4th Degree Resisting Arrest Case: {Flight}

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

What are the Elements for a Disorderly Persons Offense Resisting Arrest Charge:

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

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.

What is the Bail For a Resisting Arrest Charge in NJ

In 2017 New Jersey’s bail system underwent a total overhaul. We went from what is known as a purely cash based bail system to what is more common labeled as a sliding scale risk assessment system. In layman terms, the days of going down to the precinct to simple post a cash bail or bond are over. If the resisting arrest charges are issued on a Complaint-Warrant then individual must be taken to the county jail, where they must remain for at least 24 hours until their Central Judicial Processing Hearing. During that time period Pretrial Services will conduct a risk assessment of the individual. That assessment will then be used by the Prosecution in an effort to determine whether they will agree to release them on “conditions” (bail) or whether they will seek to keep them detained pretrial, without bail. If they chose to seek to keep them detained, they must file for a Detention Hearing. At that hearing the Judge will listen to arguments from both the prosecution and the defense and determine to release the individual. As you can see, this is a very crucial aspect in any criminal case.

Common Crimes Associated with Resisting Arrest Charges 

More often than not, a resisting arrest charges stems from some other unlawful conduct. Meaning, this offense is typically a tack on charge and not the initial underlying charge that brought about the police. Some of the most common offenses that we see associated with a resisting arrest charge in Monmouth County include: Driving While Intoxicated, Aggravated Assault, Disorderly Conduct, Possession of Drugs, Trespassing and Simple Assault. Any of these additional charges clearly makes a bad situation worse and could even change what Court has original jurisdiction over the case. For example, if an individual is being placed under arrest for driving under the influence in Middletown but in the process of that arrest they actively fight with the police and they end up getting charged with resisting arrest, their entire case will now be transferred from the Middletown Municipal Court to the Monmouth County Superior Court for disposition. This is just one of the main different scenarios where things can quickly get far worse then they started out.

Looking to Consult with a Resisting Arrest Lawyer 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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