Resisting arrest is a serious offense and can result in a plethora of penalties and legal repercussions. Understanding your rights and options when facing these charges is imperative to protect yourself and your future. Work with a Bergen County criminal defense lawyer for skilled legal advice and representation during your case.
How is Resisting Arrest Defined?
Resisting arrest is a serious offense across the country but is defined differently depending on the state and jurisdiction. New Jersey law divides this offense into four categories based on the severity of the offender’s actions. A defendant could be charged with a disorderly persons offense all the way up to a second-degree indictable crime depending on the circumstances.
Under N.J.S.A 2C:29-2, New Jersey law categorizes resisting arrest as any of the following.
Disorderly persons offense:
- Purposefully prevents or attempts to prevent a law enforcement officer from conducting an arrest
Fourth-degree crime
- Purposefully prevents or attempts to prevent a law enforcement officer from conducting an arrest by flight
Third-degree crime
- Uses or threatens to use physical force or violence against the law enforcement officer or another person
- Uses any means to create a substantial risk of physical injury to the law enforcement officer or another person
- Knowingly flees or attempts to elude a law enforcement officer while operating a motor vehicle on any public street or highway or any vessel on state waters after having received a signal from the officer to bring the vehicle to a stop
Second-degree crime:
- Knowingly flees or attempts to elude a law enforcement officer while operating a motor vehicle on any public street or highway or any vessel on state waters after having received a signal from the officer to bring the vehicle to a stop if the flight or attempt to elude creates a risk of death or injury to any person
What Are the Penalties Associated With Resisting Arrest in NJ?
Because resisting arrest can be charged as a disorderly persons offense, fourth, third, and second-degree crime, the penalties associated with a conviction will vary significantly depending on the details of your offense and the charges brought against you.
Below are the standard sentencing guidelines for each level of resisting arrest charge in New Jersey.
- Disorderly persons offense: Up to 6 months in jail and fines of up to $1,000
- Fourth-degree crime: Up to 18 months in prison and fines of up to $10,000
- Third-degree crime: 3 to 5 years in prison and fines of up to $15,000
- Second-degree crime:10 to 15 years in prison and fines of up to $150,000
While these are the standard penalties associated with each level of conviction, NJ judges have the discretion to impose additional consequences depending on the details of the offense. While each situation is unique, circumstances could warrant community service, counseling, suspension of a driver’s license, probation, or other repercussions.