Created by FindLaw's team of legal writers and editors | Last reviewed March 09, 2018
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. 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.
Most arrests end without incident; however, we often hear about police and civilian interactions that go astray. Police officers are required to follow specific procedures when they're conducting an arrest. If the officer doesn't follow the protocol, then it might be a case of police misconduct and the officer could be disciplined. On the other side of the equation, if a civilian struggles with an officer during the arrest or tries to get out of handcuffs, then they could face resisting arrest charges. The consequences of these types of interactions between police and citizens can be life altering or even fatal. This is why it's crucial to understand the rights and responsibilities of civilians when dealing with law enforcement. State laws outline specific prohibited behavior which constitutes resisting arrest.
The least serious resisting arrest violation in New Jersey is classified as a disorderly persons offense, which is the New Jersey equivalent of a misdemeanor in other states. However, if you leave the scene or try to flee, then your charges will be elevated to a crime in the fourth degree (equivalent to a felony in other states). If your conduct involves a motor vehicle and the officer tells you to stop and you don't, then you may be charged with a crime in the third degree. Finally, if your flight creates a risk of bodily injury to any person, then the offense is charged as a second degree crime.
The chart below provides a summary of statutes related to New Jersey's resisting arrest laws, including links to important code sections.
Statute |
|
Penalties |
Penalties can include incarceration and/or fines, restitution, and probation, but the specific penalties depend on the facts of the case and other factors such as the defendant's criminal history. Resisting arrest (no flight)
Resisting arrest with flight
Eluding an officer
|
Possible Defenses |
|
Related Offenses |
|
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
When you're charged with resisting arrest in New Jersey, you're likely facing additional charges from the arrest. An experienced attorney can explore the possibility of getting your resisting charges downgraded or dismissed. Contact a criminal defense attorney in your area right away to learn more.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many New Jersey attorneys offer free consultations.