Anyone who has experienced being arrested may have been tempted to pull away from the officer or question the arrest. Yet, the act of resisting arrest can be considered a criminal act, in addition to the original arrestable act. The following constitutes resisting arrest under the law and what to do if you are charged with this offense in the state of New Jersey.
Resisting Arrest without Flight
This occurs if the individual prevents or attempts to prevent an officer from conducting an arrest. In New Jersey, it is considered a disorderly persons offense, punishable by six months in jail.
Resisting Arrest with Flight
This occurs if the individual, by flight or fleeing the scene, purposefully prevents or attempts to prevent a law enforcement officer from conducting an arrest. Resisting arrest with flight is considered a fourth-degree offense, punishable by up to 18 months in jail.
Eluding an Officer
In New Jersey, eluding an officer is a third-degree offense, punishable by up to five years in jail, if the individual:
- Uses physical force, violence, or threats against a law enforcement officer or another person
- Uses any other means to create a significant risk of physical injury to a public servant or another person
- Flees or attempts to flee after having been instructed by a law enforcement officer to bring their vehicle to a full stop
This is a second-degree offense if the individual’s flight or attempt to elude an officer creates the risk of injury or death to another person. This crime is punishable by up to 10 years in prison. In some cases, other statutes may apply, including assault or hindering apprehension and prosecution.
Even if you believe you have been wrongfully arrested, any attempt to resist arrest or flee comes with fines and jail time. The shadow of a conviction can follow you for years to come. Anyone facing a charge of resisting arrest or eluding an officer should consult with an experienced South Jersey criminal defense lawyer to review your situation and determine if there is cause for the charges to be downgraded or dismissed.
Contact a South Jersey Criminal Defense Lawyer at the Law Offices of Robert N. Agre If You were Charged with Eluding Arrest
If the police officer who made your arrest failed to follow proper procedures, you have a valid defense and cause to have your charges downgraded or dismissed. Trust an experienced South Jersey criminal defense lawyer at the Law Offices of Robert N. Agre to explore all your legal options and advocate on your behalf when facing a charge for resisting arrest. Call 856-428-7797 or contact us online to schedule an initial consultation. Located in Haddonfield, New Jersey, we proudly represent clients throughout South Jersey, including Burlington County, Camden County, Salem County, and Gloucester County.