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Resisting Arrest

Criminal Defense Attorney in Monmouth County, New Jersey

In New Jersey, it is considered a crime to prevent or attempt to prevent a law enforcement officer from making a lawful arrest. Many times, what begins as a charge for another crime, such as disorderly conduct, simple assault, or even DWI, spirals into a contentious situation that results in additional charges for resisting arrest. In these situations, you become subject to the penalties associated with the original charges, as well as the additional penalties associated with resisting arrest. If convicted of resisting arrest in New Jersey, you may face consequences ranging from fines, to probation, a charge on your criminal record, and even jail time. With these serious penalties hanging over your head, it is essential to mount an aggressive defense. Perhaps the arrest was unlawful, the officer did not make his or her intention to arrest you clear, or you did not intend to prevent the arrest from happening. A knowledgeable and skilled attorney can construct a compelling defense on your behalf and ensure that you are in a position to achieve the best possible outcome.

For the last ten years, criminal defense attorney Tara Breslow has worked tirelessly to protect the rights of the accused. As a passionate legal advocate, former public defender in Union and Monmouth counties and New Jersey Federal Court, Ms. Breslow has accumulated a lengthy list of successes and exceptionally satisfied clients. She has been described by former clients as a “Miracle Worker” and an attorney who “Makes the impossible, possible” because she addresses every case and every client with a single focus: win. Whether the best possible result is a negotiated plea to a lesser charge, enrollment in a diversionary program such as Drug Court or Pre-Trial Intervention, or an outright dismissal at trial, Ms. Breslow will serve as your unwavering protector and defender until your case is resolved. For additional information and the answers you need to move forward, contact Ms. Breslow’s Monmouth County offices today for a cost-free initial consultation.

Resisting Arrest in New Jersey: N.J.S.A. 2C:29-2

New Jersey law outlines charges for resisting arrest in section N.J.S.A. 2C:29-2 of the New Jersey Criminal Code. According to this statute, there are three distinct degrees of resisting arrest charges with varying levels of severity. A typical charge for resisting arrest is considered a disorderly persons offense, which is adjudicated at the local municipal court and may result in penalties including a maximum fine of $1,000 and up to 6 months in the county jail. In order to be convicted of disorderly persons resisting arrest, the State must show that you purposely prevented a law enforcement officer from effecting a lawful arrest.

A resisting arrest charge may be elevated to a fourth degree indictable crime if the person purposefully prevents, or attempts to prevent, an officer from effecting a lawful arrest by eluding or flight. These cases are adjudicated at the Superior Court in the county in which the alleged offense occurred and may result in a sentence to serve up to 18 months in New Jersey State Prison as well as a fine of up to $10,000.

Lastly, the most serious charges for resisting arrest are classified as third degree indictable crimes. These charges apply when the defendant is accused of using or threatening to use force or violence against the arresting officer or another person. They also apply in cases in which the person uses any means to create a substantial risk of causing physical injury to a public servant or another person. Third degree resisting arrest is punishable by a New Jersey State Prison sentence ranging from 3 to 5 years and a fine of up to $15,000.

Contact a Red Bank NJ Resisting Arrest Lawyer for a Free Consultation

Attorney Tara Breslow represents clients charged with resisting arrest in municipalities throughout Monmouth and Ocean counties, including in Holmdel, Red Bank, Middletown, Freehold, Eatontown, Belmar, Manasquan, and Asbury Park. Contact her offices today to begin developing your best defense strategy.