{"id":375058,"date":"2018-03-09T14:52:55","date_gmt":"2018-03-09T19:52:55","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-jersey-law\/new-jersey-resisting-arrest-laws.html"},"modified":"2025-09-18T18:19:43","modified_gmt":"2025-09-18T23:19:43","slug":"new-jersey-resisting-arrest-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-jersey-law\/new-jersey-resisting-arrest-laws.html","title":{"rendered":"New Jersey Resisting Arrest Laws"},"content":{"rendered":"\n
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New Jersey Resisting Arrest Laws<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Resisting arrest in New Jersey<\/span> is a criminal offense<\/span> where an individual purposely prevents or attempts to prevent a police officer<\/span> from making a lawful arrest<\/span>. This can range from a disorderly persons offense<\/span>, punishable by up to six months in jail, to a second-degree<\/span> crime<\/span> if the act involves fleeing or creating a risk of injury<\/span>.<\/p>\n\n <\/div>\n\n\n\n

In most instances, a law enforcement officer<\/span> arrests<\/a> a suspect without issue. While no one wants to go to jail, people realize that resisting arrest will just make matters worse.<\/p>\n

There are times when a suspect refuses to surrender to the police and fights them tooth and nail. This happens for a variety of reasons. For instance, a person may know they have active warrants and don’t want to spend weeks, months, or years in jail. Those facing serious criminal charges<\/span><\/a> or a third strike might feel like they have nothing to lose by fighting or fleeing.<\/p>\n

If you live in New Jersey<\/span> and are facing a charge of <\/span>resisting arrest<\/span><\/a>, you should know there are severe penalties for this criminal offense<\/span>. This article examines and explains New Jersey<\/span>‘s resisting arrest laws, including the penalties and defenses to this crime.<\/p>\n

If you’re currently dealing with any criminal charges<\/span>, it\u2019s a good idea to contact an experienced New Jersey<\/span> criminal defense lawyer<\/span><\/a>. They’ll review your case and do their best to negotiate a favorable plea bargain or push for an acquittal.<\/p>\n

Resisting Arrest Charges<\/span> and Related Crimes<\/h2>\n

The Garden State has different degrees or levels of resisting arrest charges<\/span>. Some resisting arrest cases<\/span> involve a disorderly persons offense<\/span><\/a>, a misdemeanor<\/span> in New Jersey<\/span>. It carries a penalty of up to six months in jail.<\/p>\n

Under New Jersey<\/span> law<\/span>, there are more serious charges related to resisting arrest. If you leave a crime scene or attempt to flee law enforcement<\/a>, the court will elevate the charges to a fourth-degree<\/span> crime<\/span>.<\/p>\n

If a police officer<\/span> tries to pull you over in a motor vehicle<\/span> and you take off, the state may charge you with a third-degree<\/span> offense<\/span>. Fleeing while under suspicion of DWI<\/span><\/a> adds third-degree<\/span> criminal charges<\/span>, which carry the potential of jail time<\/span> and fines. You will also face a possible driver’s <\/span>license<\/span> suspension<\/span>.<\/p>\n

If you create a risk of serious bodily injury or death to another person, you’ll face charges for a second-degree<\/span> crime<\/span>. The penalties for a second-degree<\/span> crime<\/span> are much worse than those for a fourth-degree<\/span> crime<\/span>. Keep this in mind if it ever feels like eluding<\/span><\/a> or resisting arrest is your best option.<\/p>\n

New Jersey<\/span> Resisting Arrest Laws at a Glance<\/h2>\n

There\u2019s a lot to know about New Jersey<\/span>‘s resisting arrest laws and related offenses. To help, we\u2019ve gathered links to important code sections and other useful information.<\/p>\n

New Jersey<\/span> Resisting Arrest Statute<\/strong><\/h3>\n

N.J.S.A<\/span>. 2C: 29-2<\/a> (Resisting Arrest\/Eluding<\/span> Officer<\/span><\/em>)<\/p>\n

Elements of the Crime<\/strong><\/h3>\n

To convict someone of this crime, the prosecutor must prove that the defendant purposely prevented, or tried to prevent, a police officer<\/span> from effecting<\/span> a lawful arrest<\/span><\/a> of the defendant or another person<\/p>\n

Degrees of Resisting Arrest<\/strong><\/h3>\n

New Jersey<\/span> has different levels of severity for resisting arrest charges<\/span> that depend on the situation and other pertinent details. The levels are:<\/p>\n