The Consequences of Resisting Arrest in New Jersey
Resisting arrest and eluding law enforcement are serious offenses that are often wrongfully charged. When someone is not aware that the police are searching for them, they should not be charged with eluding an officer. Additionally, when a police officer is acting outside the law during the arrest, the victim should not be charged with resisting arrest. It is important for anyone facing these serious allegations to speak to a skilled Princeton criminal defense attorney to discuss their legal rights and options.
Under new Jersey Statute 2C:29-2: "A person is guilty of a disorderly persons offense if he purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest." Someone may also be charged with violating 2C:29-2 if he or she "uses or threatens to use physical force or violence against the law enforcement officer or another" or "uses any other means to create a substantial risk of causing physical injury to the public servant or another."
A court must take into account the circumstances of the arrest before convicting someone of violating New Jersey statute 2C:29-2. When someone fears for their life or believes that the police officer is acting illegally, a resisting arrest charge should be thrown out. Additionally, the defendant must have reasonably known that they were being pursued before being charged with eluding an officer. A skilled New Jersey defense lawyer will consider all aspects of a case when building a defense.
The New Jersey criminal defense attorneys at Lependorf & Silverstein understand that mistakes can be made by the authorities as well as by citizens. We strive to ensure that our clients' legal rights are protected. If you have been charged with evading or resisting arrest in New Jersey, please call our office at 609-240-0040 to discuss your case at no cost.
