Resisting Arrest

Linden Resisting Arrest Defense Attorney

What many people don’t realize is that they must submit to an arrest whether the actions of the officer are legitimate or not. The reason why this is the case is because New Jersey Law imposes an affirmative duty of submission to the authority of police and other law enforcement. As a result, you may be charged with resisting arrest by a police officer in Linden, Westfield, Roselle Park or another town in Union County if you fail to fully submit to their authority once you advised that you being placed under arrest. If you are facing a resisting arrest charge anywhere in the county, we can help you. Our firm has a team of seasoned defense attorneys and former prosecutors that can formulate an effective plan to avoid conviction. In point of fact, our lawyers succeed in avoiding a conviction for resisting arrest in most cases. Call us for a free consultation at 908-272-1700 to learn what we believe your best options are for success.

Former Prosecutors Serving All Of The Municipal Courts in Union County NJ

Most resisting arrest offenses fall within the category of a disorderly persons charge. They are therefore most often encountered in municipal court. The violation may, however, escalate to a fourth degree or third degree crime, which are felony offenses that can only be dealt with at the Union County Superior Court, Elizabeth NJ, under certain circumstances. Fleeing an officer who is attempting to arrest you is a fourth degree crime. Third degree resisting arrest occurs when physical force or violence is used against an officer, or where the actions of the accused create a substantial risk of injury to the police officer. The attorneys at the Law Offices of Jonathan F. Marshall in Cranford NJ, have been defending resisting arrest charges in the Superior Court and all of the municipal courts in Union County for decades and can assist you in fighting your charge.

What Has To Be Proven In Order To Convict You Of Resisting Arrest?

There are four (4) basic elements that exist irrespective of the grade of resisting arrest you are facing. First, the prosecutor must prove that you prevented an arrest. Second, the arrest must have been undertaken by a policeman or other law enforcement officer. Third, the officer must have been acting under color of authority, announcing his/her intention to make an arrest. Fourth, the actions of the accused in resisting must be purposeful. To elevate the charge to a fourth degree crime, a fifth (5th) element, an attempt to flee must be demonstrated. The additional element that must be established for a third degree resisting arrest is use or threat to use physical force or violence against the law enforcement officer, or creating a substantial risk of his/her suffering physical injury. Each and every one of these elements must be established beyond reasonable doubt in order to sustain a conviction.

Can I Be Charged With Resisting Arrest Even When It Was Unlawful?

The answer is unfortunately, yes. The reason why this is the case is because law and order are the paramount consideration. Accordingly, the theory is that the public is better served by a rule in favor of submission rather than potentially opening the door for individuals to make their own judgment calls and then potentially undertaking physical force against an armed police officer. The law provides an opportunity to challenge the arrest in court and not on the street.

What Defenses Do I Possess To A Resisting Arrest Charge?

There are many possible defenses to this offense. First, you may not have resisted at all. Second, even if you did resist, perhaps your actions were not intentional/purposeful. Third, the arrest may have been undertaken when the police officer lacked color of official authority or without announcing an intention to arrest. And even when an individual is flat out guilty of this violation, our attorneys avoid a conviction in far more cases than those in which there is a conviction.

Can I Go To Jail If I Am Convicted?

Yes. The jail exposure is six (6) months, eighteen (18) months and five (5) years for a disorderly persons, fourth degree and third degree resisting arrest offense, respectively. It should also be noted that a conviction for resisting arrest will result in a criminal record that cannot be removed unless you qualify for an expungment after waiting a minimum of five (5) years.