Resisting Arrest Cases in New Jersey
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 true even if it’s later found that the police officer did not have probable cause to arrest. Resisting arrest is codified in N.J.S.A. 2C:29-2a.
The Bianchi Law Group is made up of former trial prosecutors and other “of counsel” attorneys who have handled the investigations and prosecutions of most crimes in New Jersey and will defend you for all federal and state crimes in New Jersey including Resisting Arrest.
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 which 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 in criminal law, an application submission, a peer review process, a character and background check and to pass 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.
Resisting Arrest Penalties in New Jersey
The Penalties for Resisting Arrest in New Jersey depend on the circumstances of the Resisting arrest. Generally, a resisting arrest is considered a Disorderly persons offense and is typically heard in Municipal Court. However, the following circumstances will elevate a resisting arrest to a crime which 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 the New Jersey State prison. Crimes in the fourth-degree range can be punishable 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 2C:43-3 for all convictions for Resisting Arrest in New Jersey.
Trial Ready New Jersey Criminal Lawyers
Like in all of our cases handled at the Bianchi Law Group, our experienced staff of trial attorneys and “of counsel” attorneys 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. 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.