The offense of resisting arrest arises quite a bit in New Brunswick. There are many opportunities for conflict between police and private individuals in the City with so much activity, including alcohol related events. The result is a much higher volume of charges like resisting arrest, aggravated assault and disorderly conduct in New Brunswick than most municipalities in Middlesex County. If you are were charged with resisting arrest in New Brunswick, you have landed in the right place. Here at the Law Offices of Jonathan F. Marshall, our attorney have extensive experience spanning over century serving both the New Brunswick Municipal Court and the Middlesex County Superior Court. The lawyers in our New Brunswick Office have handled cases for hundreds, if not thousands, of individuals just like you. Do not be mistaken into thinking that resisting arrest is a minor offense or that there is nothing that a lawyer on our staff can do to avoid a conviction. The truth is that the consequences of a conviction can be significant and that such an outcome may be needless since our lawyers are able to avoid a guilty finding in most New Brunswick resisting arrest cases. Call us now at 732-210-6241 for a free consultation to learn what we can do to help you.
Resisting Arrest Offense in New Brunswick New Jersey
If you were charged with resisting arrest in New Brunswick, the offense you are facing falls under N.J.S.A. 2C:29-2. This law sets forth the ways in which someone can commit resisting arrest. It is a disorderly persons offense for you to purposely prevent or attempt to prevent a police office from making an arrest. Resisting arrest escalates to a fourth degree crime if you engage in flight (e.g. run away from the police) to avoid arrest. Please note that eluding is a separate offense that applies when someone utilizes a car or other motor vehicle to attempt to escaping arrest. A charge for resisting arrest can also result in a third degree crime if you used or threatened to use force against the police or you created a substantial risk of physical injury to the officer.
Jurisdiction Over Your New Brunswick Resisting Arrest Charge. An indictable felony charge for resisting arrest is one that is designated as either a third degree crime or fourth degree crime. A violation falling within either of these grades falls outside the authority of the Municipal Court of New Brunswick and must be heard at the County Courthouse on Paterson Street directly across from our New Brunswick Office. If you were arrested for a disorderly persons offense for resisting arrest, your case falls under the jurisdiction of the municipal court.
Improper Arrest As A Defense. It is not a defense to a 2C:29-2 charge that the police lacked a proper basis to arrest. The reason for preclusion of this defense is to discourage violence. In other words, you are required to submit to even an unlawful arrest and address the issue in court as opposed to taking action on the street and risking an escalation in the conflict.
Penalties for Resisting Arrest. If you are convicted of a disorderly persons offense for resisting arrest in municipal court, you face a fine of up to $1,000 and up to 6 months in the county jail. Fourth degree resisting arrest results in a fine of up to $10,000 and incarceration for up to 18 months. The penalties for a third degree crime for resisting arrest include 3-5 years in prison and a fine of up to $15,000. Our lawyers can assist you in avoiding these penalties through not only a thorough defense but also gaining your admission into Pretrial Intervention or Conditional Discharge Program.
New Brunswick Resisting Arrest Defense Attorney
A resisting arrest offense in New Brunswick certainly has the potential to compromise your future. If you are convicted of this charge you will face penalties that can seriously effect you and will have a criminal record. Your best strategy for avert these ramifications is to hire defense attorney with a proven track history in defending New Brunswick resisting arrest charges. The attorneys on our staff have this quality with decades of success stories. To speak to a lawyer at the Marshall Law Firm now, call 732-210-6241. Attorneys are available around the clock to assist you.
