It can happen all too often. You are driving and focused on the road. Suddenly, you notice a police car behind you with its flashers on. When you pull over, the officer tells you he has been following you for some distance and charges you with resisting arrest. Now what do you do? We can help.
At the Law Offices of Mallon, Tranger , we have zealously protected the rights of people in New Jersey for more than 30 years.
Under New Jersey law, a charge of resisting arrest requires that you purposely, intentionally or knowingly prevented or attempted to prevent a law enforcement officer from making an arrest. There are different degrees of resisting arrest. For a first- or second-degree resisting arrest charge, you can face up to $1,000 in fines. You may also be required to pay an assessment into the Victims of Crime Compensation Board, as well as the Safe Neighborhood Services Fund. Pursuant to New Jersey law, a first- or second-degree resisting arrest charge is generally charged as a disorderly persons offense.
Under certain circumstances, however, resisting arrest can rise to the level of an indictable offense. If you use or threaten to use force to resist an arrest, you can be charged with third-degree resisting arrest. If you create a substantial risk of physical injury to another person because you are resisting arrest, you can be charged with fourth-degree resisting arrest. Furthermore, if you take flight to avoid arrest, you can be charged with a fourth-degree offense. Third- and fourth-degree resisting arrest may be charged as indictable offenses, with significantly higher potential fines and penalties.
There can be other consequences to a conviction for resisting arrest. If you used a car or other motor vehicle to resist arrest, you could lose your driving privileges for up to two years. If you hold public office, you may be forced to step down if convicted.
