New Jersey Resisting Arrest Laws

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

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 or a third strike might feel like they have nothing to lose by fighting or fleeing.

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

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

Resisting Arrest Charges and Related Crimes

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

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

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

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

New Jersey Resisting Arrest Laws at a Glance

There’s a lot to know about New Jersey‘s resisting arrest laws and related offenses. To help, we’ve gathered links to important code sections and other useful information.

New Jersey Resisting Arrest Statute

N.J.S.A. 2C: 29-2 (Resisting Arrest/Eluding Officer)

Elements of the Crime

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

Degrees of Resisting Arrest

New Jersey has different levels of severity for resisting arrest charges that depend on the situation and other pertinent details. The levels are:

• Fourth-Degree: If the defendant flees the scene in an attempt to resist arrest, or they create a substantial risk of injury to the arresting officer or another person
• Third-Degree: If the defendant uses physical force or threatens to use force when resisting arrest
• Second-Degree: If a suspect refuses to stop their motor vehicle after the police order them to and creates a risk of substantial physical injury to anyone, including themselves, the police officer, or a third party

Penalties for Resisting Arrest in New Jersey

Penalties for resisting arrest can include jail time, fines, and administrative penalties, such as a driver’s license suspension. The specific sentence will depend on the facts of the case and the offender’s criminal record. Defendants guilty of this crime may also face criminal restitution, probation, or other penalties.

• Resisting arrest without flight (Disorderly persons offense/Disorderly Conduct): Punishable by six months in jail (for first-time offenders)
• Resisting arrest with flight (Fourth-degree crime): Punishable by up to 18 months in jail and a fine of up to $1,000
• Eluding an officer (Third-degree crime): Punishable by a prison sentence of up to five years
• Eluding an officer with threat of injury (Second-degree crime): Prison sentence of up to 10 years, a fine of up to $10,000, and a driver’s license suspension of six months to two years

Possible Defenses Against Resisting Arrest Charges in New Jersey

Your defense attorney may be able to prove one of the following to aid in your defense:

• Self-defense
• Proof that the law enforcement officer used excessive force

An unlawful arrest is not a valid defense as long as the officer didn’t use excessive force

Related Indictable Offenses

• Assault: New Jersey Statutes 2C: 12-1
• Infliction of harm to law enforcement animal: New Jersey Statutes 2C: 29:3.1
• Hindering apprehension or prosecution: New Jersey Statutes 2C: 29-3

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While FindLaw strives to provide the most current information, consult a criminal defense attorney or conduct further legal research to verify your state laws.

Charged With Resisting Arrest? Get Help From a New Jersey Attorney

If a prosecutor believes you resisted an arrest, there’s a good chance they’ll file additional charges against you. There are severe penalties for these crimes, and a conviction will impact your personal and professional lives.

If you’re facing charges for resisting arrest, you should contact an experienced New Jersey criminal defense attorney and schedule your initial consultation. They’ll review your case and create a strong defense strategy to help negotiate a dismissal or favorable plea bargain with the prosecutor.

New Jersey Resisting Arrest Laws: Related Resources

• New Jersey Criminal Statute of Limitations Laws
• New Jersey Criminal Laws
• Excessive Force and Police Brutality
• Expungement in New Jersey
• Traffic Arrests: Frequently Asked Questions