When an encounter with police escalates the frequent result is a resisting arrest charge. It is, in fact, our experience that this is offense is issued way too much, being written not only when warranted but also whenever someone there is any evidence or claims of injury during an arrest. Whether you are aware of it or not, the charge you are facing has the potential to be serious and can even result in a felony crime. Even when it doesn’t rise to this level and is treated as a disorderly persons offense, it still results in a record that implies that you are violent and/or unable to deal with authority. All of this is truly needless in a wide majority of resisting arrest cases handled by our firm in Belmar as our attorneys have a track record of downgrades and/or dismissals of this charge. Our suggestion is that you take the step of call us for a free consultation to discuss how we can help you or your loved one.
Arrested & Charged With Resisting Arrest in Belmar
When an incident mushrooms into issuance of a resisting arrest charge, it often comes as a shock. Maybe you complained of pain, excessive force, aggressive cuffing, were injured, or there truly was some unwillingness to submit to the arrest because you didn’t think it was valid/legal. The unfortunate thing is that almost no one realizes that resisting an arrest is never valid as the law provides that there is an obligation to submit even when the authority is being exercised improperly (i.e. not a proper arrest). Even when an arrest is unlawful, there is no right to resist as long as the police officer is “acting under color of his official authority” and the intention to arrest is announced.
In accordance with N.J.S.A. 2C:29-2, resisting arrest occurs whenever someone “purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest.” This violation is a disorderly persons offense except when “flight [is used to] purposely prevent or attempt to prevent a law enforcement officer from effecting an arrest. Then resisting is a fourth degree crime and an obstructing/hindering charge is often also filed. Third degree resisting arrest arises where there is either force or threats to use physical force or violence against the law enforcement, or the actor uses any other means to create a substantial risk of causing physical injury. When verbal threats are particularly extreme, an individual will usually face a terroristic threat charge as well.
Belmar NJ Resisting Arrest Lawyers
Our team has been defending resisting arrest offenses in Belmar for decades and almost always with success. These types of results are uniform and are a reflection of many years practicing in Belmar Municipal Court and Monmouth County. With over twenty years dealing with criminal charges in Belmar, we can offer the level of experience you need to insure that you have every chance of beating the case. Call us now for a free consultation.