Resisting arrest or eluding police officers carries consequences, which defendants may face in addition to penalties for other convictions. Contact us immediately so we can mitigate the consequences you experience and possibly help avoid them altogether.
Depending on the circumstances, consequences for resisting arrest may end in jail time or hefty fines. Resisting arrest can be charged as a disorderly persons offense or as a second-degree crime in New Jersey. Reducing the charges may also alleviate the consequences. To avoid convictions for all the charges you face, let our lawyers work on your defense. We can argue that you were defending yourself against excessive force, the officers did not identify themselves, or that the arrest was unlawful, so the charges against you should be dropped.
Call the Law Offices of John J. Zarych now at (609) 616-4956 for a free and confidential case assessment from our New Jersey criminal defense attorneys.
What Are the Potential Consequences of Resisting Arrest in New Jersey?
Resisting arrest can be charged in various ways in New Jersey, depending on specific circumstances. Consequences vary based on the severity of the charge and bring the risk of jail time, fines, and other penalties. These consequences may be in addition to any you face for the initial charges or reason for the arrest.
Disorderly Persons Offense
Purposely preventing or attempting to prevent a police officer from making an arrest is a disorderly persons offense, generally. There is a potential risk of up to six months in jail for disorderly persons offenses, along with fines of up to $1,000.
Fourth-Degree Crime
Fleeing to purposely prevent or attempt to prevent an arrest is a crime in the fourth degree. This is punishable by up to 18 months in prison and fines of up to $10,000.
Third-Degree Crime
Using or threatening violence or physical force against a police officer or someone else to avoid arrest is a crime in the third degree, as is doing anything else that creates a very high risk of injury to others.
The maximum penalty for a third-degree crime is five years in prison and fines that may not exceed $15,000.
Second-Degree Crime
Fleeing the police using a motor vehicle on land or a boat on the water is a crime in the second degree if the flight creates the risk of injury or death to someone else.
Defendants charged and convicted of this degree might also lose their driver’s license for between six months and two years. The possible prison sentence upon conviction is five to ten years, with fines of up to $150,000.
How Can I Avoid Consequences of a Resisting Arrest Conviction in New Jersey?
If you are charged with a disorderly persons offense, fourth, third, or second-degree crime, for resisting arrest in New Jersey, call our lawyers to mitigate or avoid the consequences.
Stop Talking to Police
If your arrest is hectic, and officers warn you they intend to charge you with eluding a police officer in addition to potential other charges, stop talking to them. Do not try to explain yourself, argue with the police, or point out that they were aggressive or otherwise acted inappropriately.
Start Talking to Our Lawyers
Instead of trying to explain yourself to the police, call our lawyers and tell us what happened. Charges for resisting arrest sometimes arise from complete miscommunications, which our Atlantic City criminal defense attorneys can help resolve. Tell us if police officers were physical or aggressive with you or if they did not properly identify themselves, and that is why you resisted.
Can I Get a Conviction for Resisting Arrest Expunged in New Jersey?
You may get your conviction expunged to avoid the long-term consequences of resisting arrest. Disorderly persons offenses are eligible for expungement within five years, sometimes within three.
That is the same waiting period to get a fourth or third-degree crime expunged. If you have multiple indictable offenses or felonies, you may not be able to get a third-degree conviction erased from your criminal record. Some convictions have higher standards to qualify for expungement.
You may only expunge up to three disorderly persons offenses, which is important to keep in mind moving forward.
Getting these and other convictions expunged removes them from your criminal record. That means charges and convictions won’t appear on background checks when you apply for a job or housing. With expungement, you can avoid the long-term consequences of having a criminal conviction.
What Are Defenses to Resisting Arrest in New Jersey?
Let us prepare your defense against charges for resisting arrest in New Jersey. While we do, we can also defend you against the other charges you may be facing, which led to your arrest in the first place.
Excessive Force
Tell us if police officers used excessive force when arresting you and if you were simply defending yourself. The medical evidence of physical injuries you sustained during the arrest, eyewitness statements, and other evidence may confirm your defense.
Unlawful Arrest
We may also show that the attempt to arrest you was unlawful itself. This would mean your rights were already violated and that there was no reason for officers to detain you. Examples of unlawful arrests include arresting someone without probable cause or a warrant.
Lack of Knowledge
If a police officer does not properly identify themselves to you, you may not immediately comprehend the situation. If a police officer is not in uniform, you are in a crowded or dark space, or other circumstances affect your reaction, tell us. We can explain where police officers went wrong and that you would not have resisted had you known they were law enforcement.
Call Our Criminal Defense Lawyers for Help in New Jersey
Call the Law Offices of John J. Zarych at (609) 616-4956 for help with your case from our Ocean City, NJ criminal defense attorneys.
