What are the Consequences of Resisting Arrest in New Jersey?
It is at the discretion of a police officer to determine when someone needs to be taken into custody or for questioning. Under New Jersey law, the act of evading or resisting arrest can be a misdemeanor or a felony depending on the circumstances of the case. There are many questions that must be asked in such cases. What cause did the officer have to make the arrest? Did the officer make it clear that the suspect was under arrest? Was the officer engaged in the performance of his job duties at the time of the incident? Did the suspect purposely attempt to prevent the arrest?
Generally, a resisting arrest charge comes with punishments such as fines, probation, creation of a criminal record, and potential jail time. While resisting arrest is often considered a misdemeanor, there are circumstances that can elevate the charges to a felony. Does the defendant have a history of resisting arrest or assault? Did the alleged resistance result in injuries to the officer? Was the act a parole or New Jersey probation violation for the defendant?
Each case is different, but a skilled criminal defense attorney will carefully examine the facts and circumstances of the case to ensure that the defendant's legal rights and best interests are protected. In some cases where the defendant's rights have been violated by the arresting officer or in cases where the officer has not followed proper procedures, the charges may be reduced or even dismissed.
The experienced resisting arrest defense lawyers in Princeton at Lependorf & Silverstein have a long history of successfully handling resisting arrest charges in New Jersey. We will work diligently to help you achieve the best possible outcome in your case. Please call our offices at (609) 240-0040 for a no-cost consultation and comprehensive case assessment.
