New Jersey Criminal Defense Blog

A 34-year-old man faces multiple felony charges after allegedly assaulting an officer while attempting to flee the scene of a crime. According to a news report in The Star Ledger, the incident occurred at a West Caldwell drugstore in Newark. Officials say he attempted to fill out a bogus prescription before fleeing the scene, injuring an elderly woman and a police officer as he fled. The man was tracked down by officials and now faces two counts of aggravated assault and one count each of receiving stolen property, obtaining a controlled dangerous substance by fraud, and resisting arrest.

Eluding an officer is a serious offense under New Jersey law. But there is the possibility of even harsher penalties if the suspect assaulted or injured a police officer during his attempt to flee the scene. It is common in such cases for the suspect to face aggravated assault charges in New Jersey.

Under N.J.S.A. 2C:12-1(b), a person is guilty of aggravated assault if he or she “attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury” or recklessly causes injury with a deadly weapon.

Anyone facing multiple felony charges would be well advised to speak with a skilled criminal defense attorney before discussing the circumstances of the incident with the authorities. The resisting arrest attorneys in NJ at Lependorf & Silverstein have a long history of handling assault cases in New Jersey. If you or a loved one is facing criminal charges in New Jersey, please contact our offices at (609) 240-0040 for a free consultation and comprehensive case evaluation.

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.

Typically, an individual is arrested when they are accused of a crime by a law enforcement official. In some instances, the alleged offender may be charged with resisting arrest in New Jersey if it is deemed that the individual attempted to prevent the officer from completing the arrest.

As with all crimes, there are consequences that come with a resisting arrest charge. In most cases, this is a misdemeanor crime but can also be classified as a felony, depending on a variety of factors. The penalties for resisting arrest in New Jersey include jail time, probation, fines, and permanent marks on your criminal record; however, the severity of the punishment can be influenced by the person’s prior record, whether or not injury was sustained during the arrest, whether or not the alleged offender is on probation already and what kind of offense they were arrested for.

Hiring an experienced New Jersey criminal defense attorney may help you get your charges reduced or your case dismissed if you’ve been charged with resisting arrest in New Jersey. There are a number of variables that a criminal defense lawyer will examine in order to build a strong defensive case on your behalf. For instance, did the arresting officer make it clear that the individual was being arrested? Did the individual purposely try to prevent the officer from making the arrest? These, along with a number of other questions must be answered before a conviction.

If you have been charged with resisting arrest in New Jersey, you would be well advised to contact the aggressive Princeton resisting arrest defense attorneys at Lependorf & Silverstein. Our lawyers have handled a wide variety of New Jersey criminal defense cases and have the knowledge and skills necessary to ensure that your rights are upheld in a court of law. Resisting arrest charges can be scary and unnerving, particularly if it’s your first offense; however, you don't have to face your charges alone. Schedule a free consultation with one of our attorneys to help you understand your options. Call Lependorf & Silverstein today at 1-609-240-0040.