Resisting Arrest; Eluding officer.
A person is guilty of resisting arrest if he or she purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest. A charge of resisting arrest under N.J.S.A. 2C:29-2 starts off as a disorderly persons offense. A disorderly persons offense is a misdemeanor charge that is brought in municipal court and that may involve up to six months of incarceration. Depending upon the facts, however, a resisting arrest charge can range anywhere from a disorderly persons offense up to a second degree crime. For example, if the individual resists arrest by fleeing the police office, they may be charged with a fourth degree crime. A fourth degree crime is an indictable, felony charge that is brought in superior court, following indictment by a grand jury, and carries up to 18 months in jail. Where the individual uses physical force or threat of physical force to resist arrest, they may be charged with a third degree crime. A third degree crime is also a felony charge and carries up to five years in jail.
Resisting arrest is a very serious offense in New Jersey. There are, however, several defenses that may be asserted on your behalf. The state, for example, must prove that you consciously desired to prevent his or her arrest, an element that is often difficult for them to prove. Randolph H. Wolf will fight to have your charges for resisting arrest dismissed altogether or, at the very least, to have the penalties reduced. Call today for a free consultation.
A person is guilty of eluding an officer if, while operating a motor vehicle, they knowingly attempt to flee or elude a law enforcement officer after having received a signal from the officer to bring the vehicle to a stop. A charge of eluding an officer under N.J.S.A. 2C:29-2 is a third degree crime. A third degree crime is also a felony charge and carries up to five years in jail. The charge, however, may be elevated to a second degree crime if the attempt to elude creates a risk of death or serious injury to another person. A second degree crime is a felony charge punishable by up to ten years imprisonment.
In addition to the above penalties, a conviction for eluding carries with it a suspension of driving privileges anywhere from a period of six months to two years. There are, however, many technical defenses that may be asserted on your behalf. Randolph H. Wolf will fight to have your charges for eluding an officer dismissed altogether or, at the very least, to have the penalties reduced.