Being arrested is a stressful experience, and when emotions run high, things can quickly escalate. If you’re accused of resisting arrest, you may be wondering how serious the charge is and what it could mean for your future. At Davis Law Firm, LLC, we’ve helped clients throughout Central and South Jersey understand their rights and build a strong defense against these charges.
In this article, we’ll explain what resisting arrest means in New Jersey, the possible penalties, and how an attorney can help protect your rights.
Understanding Resisting Arrest Under New Jersey Law
In New Jersey, resisting arrest is defined under N.J.S.A. 2C:29-2. The law makes it illegal to purposely prevent or try to prevent a law enforcement officer from making a lawful arrest. This charge can arise in situations such as:
- Physically pulling away or struggling with an officer.
- Running or fleeing when being told you are under arrest.
- Refusing to follow commands meant to safely carry out an arrest.
Even if you believe the arrest was handled unfairly, trying to resist can make your situation worse. The courts treat this charge seriously because it involves interference with law enforcement.
The Difference Between a Disorderly Persons Offense and a Felony
The penalties for a resisting arrest charge in NJ depend on what the police say happened. Not all resisting arrest cases are treated the same:
- Disorderly Persons Offense: This is similar to a misdemeanor in other states. If you resisted arrest without violence or flight, it’s generally considered a disorderly persons offense, punishable by up to six months in jail and fines.
- Fourth-Degree Crime: If you ran from an officer, it can be elevated to a fourth-degree crime, which may result in up to 18 months in prison.
- Third-Degree Crime: Using or threatening physical force during the arrest can lead to a third-degree charge and a possible sentence of three to five years in state prison.
Understanding the degree of your charge is important, because it directly affects your potential penalties and legal options.
Common Situations That Lead to a Resisting Arrest Charge
Many people charged with resisting arrest never meant to defy the police. Common scenarios include:
- Acting out of panic or fear during an arrest.
- Pulling away instinctively while trying to ask questions.
- Misunderstanding an officer’s commands in a tense situation.
These moments can unfold in seconds and lead to serious criminal allegations. Your actions may not reflect what officers believe they saw, which can create a dangerous misunderstanding. That is when it is crucial to have a criminal defense lawyer in New Jersey who understands how to protect your rights and explain your side of the story.
Resisting arrest is also charged during roadside encounters, including traffic stops and DUI investigations. At Davis Law Firm, LLC, our attorneys regularly defend DUI/DWI and related criminal cases throughout Central and South Jersey.
Possible Defenses to a Resisting Arrest Charge
Allegations of resisting arrest can arise in many settings, from misunderstandings during a domestic dispute to situations involving additional state or federal criminal charges. Whatever the circumstance, you still have rights, and the state must prove its case beyond a reasonable doubt.
Every case is different, and not every resisting arrest charge will stand up in court. Depending on what happened, your attorney may be able to raise defenses such as:
- The officer did not clearly identify themselves. If it wasn’t obvious that the person attempting the arrest was law enforcement, you may not have realized what was happening.
- The arrest itself was unlawful. The statute only applies to lawful arrests. If the initial arrest was not valid, the charge of resisting arrest may not apply.
- You did not act “purposely.” New Jersey law requires proof that you intentionally tried to prevent an arrest. Acting out of confusion, fear, or instinct is not the same as deliberate resistance.
- There isn’t enough evidence to prove resistance. In some cases, body-camera footage, witness statements, or conflicting police reports may not support the officer’s account.
The right defense depends on your unique situation and the specific facts of your arrest. A defense lawyer’s job is to carefully examine every detail of your case, challenge any inconsistencies, and ensure that your rights are protected from the start.
How a Defense Attorney Can Help
At Davis Law Firm, LLC, we know that one incident doesn’t define who you are. When you’re accused of resisting arrest, our attorneys focus on protecting your rights and guiding you through each stage of the legal process.
Our defense team carefully reviews every detail of your case, including:
- Whether the arrest itself was lawful.
- If the officer properly identified themselves.
- Whether your actions were a reaction to stress or confusion rather than intentional resistance.
- What evidence exists, such as body-camera footage, police reports, or witness statements.
We use this information to build a strategy tailored to your situation and to seek the best possible outcome, whether that means negotiating for reduced charges, challenging the prosecution’s case, or preparing for trial if necessary.
If your case is dismissed or resolved successfully, our firm can also help you explore expungement options to clear your record whenever possible. A clean record can be an important step toward truly moving forward.
What You Should Do If You’re Charged With Resisting Arrest
If you’re facing a resisting arrest charge in New Jersey, it’s important to:
- Stay calm and maintain composure.
- Avoid arguing or explaining your side at the scene. It’s best to stay silent and let your attorney handle communications.
- Exercise your right to remain silent until you have legal counsel.
- Contact a New Jersey defense attorney as soon as possible to discuss your options.
The earlier you speak with a lawyer, the more options you’ll have to protect your rights and your future. Having skilled legal guidance early can make all the difference in how your case is resolved.
Talk to a Trenton Criminal Defense Lawyer Today
If you’ve been charged with resisting arrest or any other criminal offense in Trenton, Lawrenceville, or anywhere in Mercer County, Burlington County, or the surrounding areas, contact Davis Law Firm, LLC. We believe in treating every client with respect, providing honest guidance, and fighting to protect your freedom.
To learn more about your options, fill out our contact form or call 609-587-9100 to schedule a confidential consultation.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
