Charged With Resisting Arrest in Sea Bright New Jersey
Resisting arrest is a serious criminal offense in Sea Bright. If convicted, you will face a jail sentence, fines, and a criminal record. As members of the largest defense firm, our lawyers can also say that the Sea Bright Police frequently file a resisting arrest charge as a means of protection where an encounter got rough or under other circumstances that are unwarranted. An accomplished criminal attorney can make all the difference if you have been charged with resisting arrest in Sea Bright under any scenario.
The resisting arrest attorneys at the Law Offices of Jonathan F. Marshall know all of the defenses to a resisting arrest charge and can use them to fight for your freedom and exoneration. In fact, our team has over 100 years of combined experience with most of our litigators also having served as prosecutors in the past. If you are facing a resisting arrest charge in Sea Bright, New Jersey, call us at 732-450-8300 to receive the answers and guidance you need in a free consultation.
Sea Bright Resisting Arrest Offense
Under N.J.S.A. 2C:29-2, resisting arrest, also referred to as “eluding”, can be defined as purposefully evading or preventing a law enforcement officer from arresting you or attempting to do so. This could be evading police in a high-speed chase or, for example, fighting back when an officer tries to put you in handcuff.
If you are convicted of resisting arrest in New Jersey, you will face severe penalties and consequences, including:
- Jail time;
- Thousands of dollars in fines; and
- A permanent criminal record.
Under 2C:29-2, resisting arrest is a disorderly persons offense, punishable by up to 6 months in jail, a fine of up to $1,000, and a permanent criminal record. However, if you resist by the running away (fleeing) from law enforcement, the offense may be charged as a fourth-degree indictable crime, punishable by up to 18 months in jail, a fine of up to $10,000, and a felony record.
The offense will become even more serious if you threaten a law enforcement officer with force or violence when resisting arrest or if you place anyone else at risk of being injured. In this case, you will be charged with a third-degree indictable crime, punishable by up to 5 years in prison and a fine of up to $15,000.
Similarly, if you knowingly flee from law enforcement in a motor vehicle after you have been ordered to stop, you may be charged with a third-degree indictable crime. Moreover, if you risk injury to law enforcement or others while fleeing in a motor vehicle, commonly referred to as eluding, you may be charged with a second-degree indictable crime, punishable by up to 10 years in prison and a fine of up to $150,000.
Defending a Resisting Arrest Charge in Sea Bright New Jersey
The prosecutor has the burden of proving every element of the offense beyond a reasonable doubt. Therefore, a typical defense will argue that the prosecutor has not met this burden. In other words, if the prosecution cannot prove, for instance, that you purposefully resisted arrest, or that you knew that the person trying to detain you was a law enforcement officer, or that you knew that you were being placed under arrest, you may be acquitted. Likewise, if your attorney can show that the officer did not follow proper procedure or protocol when making the arrest, you will have a strong defense to the charge.
Resisting Arrest Attorney in Sea Bright
Police officers have a right to arrest anyone who they reasonably believe has committed a crime. They also have the right to use force when necessary in order to make that arrest. If you knowingly prevent or attempt to prevent a law enforcement officer from arresting you, you can be charged with resisting arrest. Your best bet is to hire a skilled attorney if you have been accused of conduct such as this since sound representation will provide you with the best chance of escaping a conviction. The staff of criminal defense lawyers at our firm have been appearing in Sea Bright Municipal Court and at the Monmouth County Superior Court on resisting arrest offenses for decades. We know what it takes to successfully defend someone like you and a lawyer is available to speak to you free of charge 24/7. Contact us at 732-450-8300 to speak to one of our attorneys immediately so that your questions and concerns may be addressed without delay.