New Jersey Resisting Arrest Lawyer (N.J.S.A. 2C:29-2)
Being charged with resisting arrest in New Jersey can have serious legal consequences. In many cases, the charge arises during a stressful encounter with police where the officer claims that someone attempted to prevent or interfere with an arrest.
Under New Jersey law, resisting arrest is governed by N.J.S.A. 2C:29-2, which makes it illegal to purposely prevent or attempt to prevent a law enforcement officer from making an arrest.
Anthony J. Vecchio is a New Jersey criminal defense lawyer and former prosecutor who represents clients charged with resisting arrest and other criminal offenses throughout New Jersey municipal courts and Superior Court.
What Is Resisting Arrest in New Jersey?
Under N.J.S.A. 2C:29-2, a person commits resisting arrest if they purposely prevent or attempt to prevent a law enforcement officer from making a lawful arrest.
The law applies even if the person believes the arrest is unfair. In most situations, the proper way to challenge an arrest is later in court rather than during the arrest itself.
Resisting arrest charges often arise from situations where police claim someone:
- Pulled away from officers
- Refused to submit to handcuffs
- Attempted to flee from police
- Struggled physically during an arrest
Each case depends heavily on the specific facts and evidence.
Is Resisting Arrest a Crime in New Jersey?
Yes. Resisting arrest can be charged as either a disorderly persons offense or a fourth-degree crime, depending on the circumstances.
Disorderly Persons Offense
Most resisting arrest charges are filed as disorderly persons offenses and handled in municipal court.
Possible penalties include:
- Up to 6 months in jail
- Up to $1,000 in fines
- Court costs and assessments
- A permanent criminal record
When Is Resisting Arrest a Felony in New Jersey?
Resisting arrest becomes a fourth-degree crime when the person:
- Uses force or violence against the officer, or
- Creates a substantial risk of physical injury to the officer or another person
Fourth-degree crimes are handled in Superior Court and may carry penalties of:
- Up to 18 months in state prison
- Fines up to $10,000
Even if the case does not involve serious violence, prosecutors may still pursue criminal charges depending on the facts.
Common Situations Where Resisting Arrest Charges Occur
Resisting arrest charges frequently arise during police encounters such as:
Traffic Stops
An officer may claim that a driver refused to exit the vehicle or attempted to drive away.
Street Encounters
Police may allege that someone attempted to flee or ignored commands during an investigation.
Disorderly Conduct Investigations
Resisting charges often accompany allegations of disorderly conduct or obstruction.
Domestic Violence Incidents
Police responding to domestic disputes sometimes charge resisting arrest if a person refuses to comply with an arrest attempt.
In many cases, the resisting arrest charge is added after an already tense encounter between police and a suspect.
What Must the Prosecutor Prove?
To obtain a conviction for resisting arrest, the prosecution must prove beyond a reasonable doubt that:
- A law enforcement officer attempted to make an arrest
- The arrest was lawful
- The defendant purposely attempted to prevent the arrest
If any of these elements cannot be proven, the charge may be dismissed.
Possible Defenses to a Resisting Arrest Charge
Every case is different, but several defenses may apply.
Lack of Intent
The law requires that the conduct be done purposely. Confusion or misunderstanding during a chaotic situation may not meet this legal standard.
Unlawful Arrest
If the arrest itself was not lawful, it may affect the validity of the resisting charge.
Insufficient Evidence
Many cases rely heavily on police testimony. Video evidence, witnesses, or inconsistencies in reports may weaken the prosecution’s case.
Self-Defense
In rare situations where excessive force is used by police, self-defense arguments may arise depending on the circumstances.
A criminal defense lawyer can review the evidence and determine whether the charge can be challenged or reduced.
Resisting Arrest vs. Obstruction
People often confuse resisting arrest with obstruction of justice.
Resisting Arrest (N.J.S.A. 2C:29-2) involves interfering with an arrest.
Obstruction (N.J.S.A. 2C:29-1) involves interfering with a police investigation or government function.
Police sometimes charge both offenses during the same incident.
Charged With Resisting Arrest in New Jersey?
Although resisting arrest charges sometimes arise from chaotic situations, the consequences of a conviction can still be serious.
A criminal record, possible jail time, and other penalties may result from a conviction under N.J.S.A. 2C:29-2.
Anthony J. Vecchio is a New Jersey criminal defense attorney and former prosecutor who represents clients facing criminal charges throughout New Jersey.
If you have been charged with resisting arrest or another criminal offense, contact the Law Office of Anthony J. Vecchio to discuss your case.
Frequently Asked Questions
What is resisting arrest in New Jersey?
Resisting arrest occurs when someone purposely prevents or attempts to prevent a police officer from making a lawful arrest under N.J.S.A. 2C:29-2.
Is resisting arrest a felony in New Jersey?
Most cases are disorderly persons offenses, but it becomes a fourth-degree crime if force or violence is used.
Can resisting arrest charges be dismissed?
Yes. Depending on the facts, defenses such as lack of intent, unlawful arrest, or insufficient evidence may apply.
