The Consequences of Resisting Arrest Charges in New Jersey
According to New Jersey Statute 2C:29-2, a person is guilty of disorderly conduct if “they purposely prevents or attempts to prevent a law enforcement officer from affecting an arrest.” It is not a defense to state that the arresting officer was making a wrongful arrest. As long as the arresting officer does not use unlawful force, it is illegal to resist arrest. What constitutes resisting arrest can range from moving your hands to avoid handcuffs to attempting to physically fight the arresting officer.
Penalties for this disorderly persons offense may include a fine of up to $1,000 and jail time. These charges may be increased to a third degree offense if the person threatened violence against an officer during the arrest and a fourth degree offense if the suspect creates a risk of physical injury. These charges are typically added onto other charges that may have led to the arrest.
In some cases, it is possible for these charges to be expunged five years after the sentence has been carried out. To be eligible to have a conviction removed, the defendant will have to have three or less disorderly or petty disorderly offense convictions.
The experienced Princeton criminal defense attorneys at Lependorf & Silverstein know how to have these disorderly persons charges reduced or dismissed. In cases where it is not possible to have the charges dismissed, we help our clients have the conviction removed from their record. We provide no-cost case evaluations to anyone who is charged with resisting an arrest in New Jersey. Call us today at 609-240-0040 to find out how we can help.
