Resisting Arrest

Trenton NJ Resisting Arrest Attorney

A resisting arrest charge can arise in a wide range of situations in Mercer County. Whether the result of a domestic violence call, motor vehicle stop that awry or some other scenario, allegations that you resisted an arrest can have significant ramifications if you fail to successfully defend the violation. Our lawyers understand the risks you are facing and, more importantly, what it will take to make certain you are not left with a conviction. We have over a century in practice between us and several attorneys are also former prosecutors. An attorney at The Law Offices of Jonathan F. Marshall with the skills that are necessary to help you achieve a dismissal or acquittal in Trenton, Ewing, Lawrence, Princeton, Hamilton or elsewhere in Mercer County is available by contacting our Hamilton Office. Call 609–683–8102 for an an immediate consultation with a lawyer on our defense team.

Resisting Arrest Offense in Mercer County

Resisting arrest is an offense that can result in a disorderly persons offense, fourth degree crime or third degree crime, depending on the conduct involved. When the violation involves purposely preventing the police from making an arrest, resisting arrest is a disorderly persons offense. Flight from a police officer in order to avoid arrest results in a fourth degree crime. It is a third degree crime if the defendant threatens or uses force or creates a substantial risk of physical injury to law enforcement.

State of Mind Required

The conduct of the accused must be with the purpose to prevent an arrest in order for a violation to be triggered for resisting arrest under N.J.S.A. 2C:29-2. What this means is that there must be a conscious object to prevent the police from making the arrest in order for a violation to occur.

Unlawful Arrest is not a Defense

One of the toughest concepts for many clients to understand is that there is no right to resist an arrest that has no valid basis under the law. As long as the officer identifies himself and announces an intention to make an arrest, there is a duty to submit.

Self-Defense as a Defense

The only time that force is permissible is where excessive and unnecessary force is being used by police. Under this limited circumstance, reasonable force to escape the abuse is permissible.

Penalties for Resisting Arrest

A disorderly persons offense for resisting arrest carries maximum penalties that include a $1,000 fine and up to 6 months in the Mercer County Jail. Fourth degree resisting arrest results in a fine of up to $10,000 and the possibility of up to 18 months in state prison. Third degree resisting arrest triggers a state prison term of up to 5 years and a fine that can reach $15,000.

Princeton NJ Resisting Arrest Lawyer

If you were arrested for resisting arrest in Princeton, The Law Offices of Jonathan F. Marshall is well suited to serve as your lawyer. Our firm has been defending individuals charged with resisting arrest and related offenses in Mercer County for over a century between us. Several of the attorneys on our staff are also former prosecutors with the skill to insure that you are thoroughly defended against the violation you are facing in East Windsor, Robbinsville, West Windsor, Hightstown, Hopewell or another Mercer County municipality. An attorney will be more than happy to fully explore everything that is involved in your case and to provide you with the knowledgeable direction you need. Call us at 609–683–8102 to speak to one of our lawyers without obligation now.

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