A person who resists being arrested by law enforcement in New Jersey is going to find themselves in additional trouble to the crime that they are already suspected of committing. If a person makes it difficult for a police officer to effectively and lawfully arrest them, they can be charged with a disorderly persons offense for resisting arrest. It is important to note that this is only valid if the officer acted within his or her capacity and made an announcement regarding their intent to resist the person.
If the person who resisted arrest proceeded to run away from the officer to avoid being arrested, they will be charged with a general resisting arrest. However, the charge can be upgraded to a fourth-degree crime if the person became violent towards the police officer during the attempt to make an arrest. If the person uses a motor vehicle or a boat to escape arrest, they are facing a third-degree crime. The charge can be upgraded further to a second-degree charge if anyone is put at risk of becoming injured or killed due to the attempt to avoid arrest.
It is important to be aware that if a person resists being arrested by a police officer, the officer is permitted to use reasonable force to make the arrest. However, if the use of force is deemed unnecessary or excessive, the citizen is permitted to counter with reasonable use of force.
If you have been charged with resisting arrest in New Jersey, you should retain the services of an experienced criminal defense attorney as soon as possible.
The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced criminal defense attorneys throughout the states of New Jersey and Delaware. Please contact the office for a free initial consultation and get any questions answered regarding your specific case.