New Jersey Resisting Arrest Attorneys

Staunch Legal Advocacy to Help You Avoid Serious Penalties

In New Jersey, an individual who is placed under arrest by a law enforcement officer must adhere to all commands and allow the officer to arrest them. This is typically true even if it’s later found that the police officer did not have probable cause to arrest or was acting unlawfully. Resisting arrest is codified in N.J.S.A. 2C:29-2 and is considered a very serious crime. If convicted, the potential penalties could destroy a person’s life. Fortunately, there are ways to fight back. New Jersey resisting arrest lawyers may be able to assist.

At The Bianchi Law Group, we know how strict New Jersey resisting arrest law can be. Even if an officer isn’t engaged in a lawful arrest, state law does not allow physical non-compliance. There are other ways to be non-compliant — such as “passive resistance” (i.e., refusing to walk) — but most legal professionals recommend dealing with unlawful arrest cases in court rather than on the streets. Regardless of the situation you find yourself in, the state is likely to defer to the official authority of the arresting police officer.

However, this doesn’t mean a conviction is unavoidable. Contact us today for a free consultation.

Why Work With Former Prosecutors?

The Bianchi Law Group is made up of a team of former trial prosecutors who have handled the investigations and prosecutions of most crimes in New Jersey. They will defend you for all federal and state crimes in New Jersey, including Resisting Arrest. When a law enforcement officer announces that you’re under arrest, the difficulties you’ll face are already challenging. If the officer decides to add resisting arrest to the charges, it may seem like a favorable outcome isn’t possible. Fortunately, there may still be hope.

Whether you’re accused of merely eluding officer custody (typically a disorderly persons offense) or using physical force to resist arrest  (a third-degree offense), a former prosecutor will have dealt with cases like yours before. In fact, they’ve likely dealt with them from both sides of the aisle. This means they understand the tactics utilized by the government. More importantly, they recognize the legal defense strategies that are most effective at avoiding a conviction. The reality is that you’re facing significant penalties, but a New Jersey resisting arrest attorney who served as a prosecutor may be able to help.

Contact us today to learn more during a free consultation.

Certified Criminal Trial Attorneys by the New Jersey Supreme Court

Partners Robert A. Bianchi and David J. Bruno are also both certified by the Supreme Court of New Jersey as Criminal Trial Attorneys. In New Jersey, the New Jersey Supreme Court has a certification committee that classifies certain New Jersey Lawyers as Certified Trial Attorneys. The process requires the prospective attorneys to satisfy strict criteria, including extensive jury trials, a primary focus on criminal law, an application submission, a peer review process, a character and background check, and passing a written examination.

Only 250 of over 93,000 lawyers (less than 1%) are designated as certified criminal trial attorneys by the New Jersey Supreme Court. This should be an important factor in finding a New Jersey criminal defense attorney to represent you. Many New Jersey Lawyers describe themselves as trial attorneys but most do not have the New Jersey Court’s distinction as Certified Criminal Trial Attorney. It’s difficult to overstate the importance of this distinction, but our high Google Review and customer testimonial ratings speak for themselves.

Contact us today to schedule your free initial consultation.

Resisting Arrest Penalties in New Jersey

The Penalties for Resisting Arrest in New Jersey depend on the circumstances of the offense.. Generally, resisting arrest is considered a Disorderly Persons offense and is typically heard in Municipal Court. However, the following circumstances will elevate a resisting arrest offense to a crime that will be held in the County’s Superior Court:

• if the actor, by flight, purposely prevents or attempts to prevent (fourth-degree)
• if the actor uses or threatens to use physical force or violence (third-degree)
• if the actor uses any other means to create a substantial risk of causing physical injury (third-degree)

Crimes in the third-degree range can be punishable from 3 years to 5 years in  New Jersey State Prison. Crimes in the fourth-degree range can be punishable by up to 18 months in New Jersey State Prison. Disorderly persons offenses can be punishable up to 6 months in the County jail usually in the County where the crime was committed.

The Sentencing Judge may also order fines and restitution as prescribed by N.J.S.A. 2C:43-3 for all convictions for Resisting Arrest in New Jersey.

What if a Law Enforcement Officer Gets Injured?

If you’re accused of resisting arrest or engaging in the physical interference of someone else being detained, the potential penalties you’ll face are severe no matter what. However, things get much worse when an officer is injured. Fleeing in a manner that creates risk for officers or others constitutes a fourth-degree crime, and using physical force or violence against an officer qualifies as a third-degree offense. If an officer actually gets injured due to any of these elements, then this fact will serve as an aggravating circumstance in your case.

Aggravating factors are typically considered during sentencing. If a person gets convicted of any crime, one of the most important legal services that resisting arrest attorneys in New Jersey provide is minimizing potential sentencing. This becomes much more difficult when a police officer suffers an injury. This is also true if a bystander is injured or the accused allegedly had a weapon during the arrest attempt. Put simply, aggravating factors can result in unfortunate outcomes for everyone — but an experienced legal professional may be able to assist.

Is Self-Defense a Valid Defense for Resisting Arrest Under New Jersey Law?

With the potential for up to five years in prison, it makes sense that anyone accused of resisting arrest should assert a valid defense. Fortunately, there are plenty of defense strategies that work — and an experienced resisting arrest attorney in New Jersey can help you identify a valid defense. However, the law does not distinguish between lawful and unlawful arrest situations. If a law enforcement officer places you under arrest, you’re expected to comply and make your case in court.

However, what if you’re in an actual self-defense situation? It turns out that police are allowed to use force if an arrestee resists arrest. However, a defendant may be able to argue self-defense if they used reasonable force to protect themselves against police misconduct or brutality. In these situations, the force must be proportional to the threat. Still, it’s important to remember that this is a very difficult legal hurdle to clear.

We’ve all seen the difficult videos online of police officers becoming aggressively violent. It’s tough to know how to respond in such situations. However, always keep in mind that it’s better to have your day in court than to try to assert your legal rights against an officer on the streets who is intent on violating them. It’s possible that your resisting arrest charge may be viewed as self-defense, but only a New Jersey resisting arrest attorney can help you know for sure.

Contact Our Trial Ready New Jersey Resisting Arrest Lawyers

Like in all of our cases handled at the Bianchi Law Group, our experienced team of former prosecutors  are there to make sure the Government can prove its case beyond a reasonable doubt. If our attorneys cannot resolve the case with a dismissal or a fair and just plea bargain, our lawyers at The Bianchi Law Group will not hesitate to select a jury and take the case to trial. That is what we do and what distinguishes us from other attorneys.

If you’re charged with resisting arrest — either as an indictable or disorderly persons offense — it’s essential for you to take these allegations seriously. Even the least severe penalties can result in up to six months in jail. A fourth-degree crime could land you in prison for 18 months. In a worst-case scenario, five years is possible. Put simply, the consequences of a resisting arrest charge have the potential to be life-altering. This is why it’s critical for you to fight the criminal charges against you.

At The Bianchi Law Group, our New Jersey resisting arrest lawyers are here to help. We are former prosecutors, trial-tested, and certified by the New Jersey Supreme Court as certified criminal trial attorneys. We will not hesitate to go to trial when necessary, but when possible, we’ll do everything in our power to deal with this criminal offense without the need for trial. Contact us at (862) 292-4442 to schedule your free consultation. We’re here to help.