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Atlantic City Resisting Arrest Defense Lawyer
Atlantic City engages in a year-round advertising campaign that entices adults to come to the city to drink, gamble, and engage in an array of activities suited for adults. The commercials routinely show individuals gambling playing slots and various table games with drinks in hand. If you are enticed by the commercials and decide to take the trip to one of Atlantic City’s casinos, you will indeed find many opportunities to engage in low- or high-stakes games. And yes, many casino employees are tasked with walking the casino floor and ensuring that you have your drink of choice while you play.
Part of what makes gambling so enjoyable for some people is the thrill of the risk and the joy that comes with winning a significant jackpot. Our Atlantic City criminal defense lawyers understand that gambling is an activity where emotions can flare and misunderstands can occur. When alcohol is involved, all of these risks become more pronounced. A fun and enjoyable evening may be marred by a disagreement that spirals out of control until the police are called. Once the police arrive, failure to comply with their requests or direction can result in serious criminal charges including the crime of resisting arrest.
What Conduct Can Lead to an Arrest For Resisting Arrest?
A broad array of conduct during a night out at the casino can lead to you facing charges under NJSA 2C:29-2 Resisting Arrest, Eluding Officer.
Conduct that can result in charges of this type includes:
If an officer states that you are under arrest, you may not attempt to pull away when he or she attempts to cuff you.
If you strike an officer after he or she informs you that you are under arrest, you may end up facing both resisting arrest and aggravated assault charges.
If after being placed under arrest you attempt to push the officer away, you are attempting to resist arrest.
If you try to slap the handcuffs or other restraint device away from a police officer, you are likely to face resisting arrest charges.
If you attempt to escape arrest by spitting at the police officer or launching any other bodily fluid you may face charges for both resisting arrest and aggravated assault.
If you are told to pull over while driving by the police and you do not pull over or otherwise attempt to flee you can be charged with eluding or fleeing from the police. This conduct is an indictable-offense under the same statute.
You shoved, pushed, or otherwise resisted arrest by an undercover or non-uniformed officer.
The conduct described above could happen under a variety of situations in a casino. All it takes to face serious charges for resisting arrest is one momentarily misunderstanding or failing to realize you are dealing with a police officer.
What Consequences Can I Face for Resisting Arrest in Atlantic City, New Jersey?
Depending on the facts and circumstances present at the time of your arrest, the crime of resisting arrest can be charged as either an indictable offense or as a disorderly persons offense. IN New Jersey an indictable offense is equivalent to a felony while a disorderly persons offense is similar to a misdemeanor. Less serious conduct or when a grand jury refuses to indict so that the matter cannot proceed in Superior Court can result in being charged at the disorderly persons level. Individuals+ convicted at this level can face up to a six-month jail sentence.
When the crime of resisting arrest is charged as an indictable offense, significantly more severe penalties are possible. A person who runs away from a police officer can face fourth-degree indictable offense charges punishable by up to 18 months in jail and a monetary fine. An individual who is perceived as using the threat of violence against an officer to resist arrest can be charged with a third-degree indictable offense carrying a potential sentence of three to five years in jail and a fine of up to $15,000. Likewise, fleeing through the use of a motor vehicle is also a third-degree crime. However, eluding the police or otherwise fleeing in a car, truck, SUV, or other motor vehicle can also be charged as a second-degree indictable offense if the accused showed reckless disregard for the health and safety of others by subjecting them to the risk of grave bodily injury or death. A second-degree crime can result in a prison sentence of up to 10 years and a fine of up to $150,000. Note that the monetary penalty for a second-degree indictable offense is ten times that of a third-degree offense.
Facing Charges for Resisting Arrest in Atlantic City?
If you are facing charges for resisting arrest, fleeing from the police, or eluding a law enforcement officer you likely face serious charges that can cost you years of your freedom. The experienced, strategic, and aggressive criminal defense lawyers of the Law Firm of John J. Zarych fight to protect you from the consequences of resisting arrest charges and other serious crimes. To schedule a no-cost case evaluation, contact us online today.