Being arrested is an uncomfortable and nerve-wracking situation in which no one wants to find themselves while down at the Jersey Shore. Many times, a person who is being arrested may panic and struggle with the arresting officer. There are several reactions a person may have in a police arrest situation which constitute “resisting arrest” in New Jersey. N.J.S.A. 2C:29-2 defines resisting arrest as “any attempt to prevent a law enforcement officer from effecting an arrest.” This behavior can range from attempts to flee from the officer, to putting the officer at risk of injury through the use of physical force or a vehicle. Because of the different forms of resistance, the circumstances surrounding the arrest will determine in what degree of crime the offender will be charged. For resisting arrest in Lavallette, a person can find themselves facing anywhere from a disorderly persons charge to an indictable offense as a second degree crime.
Penalties for Resisting Arrest
Disorderly persons offense – The person deliberately prevented or attempted to prevent the officer from making an arrest. Defendants who are convicted of disorderly persons offenses in New Jersey can be subject to 6 months in jail and pay expensive fines.
Fourth degree crime – The person by flight, purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest. A conviction for resisting arrest in the fourth degree can result in a person facing up to 18 months in jail.
Third degree crime – The person threatened to or tried to use any physical force against the officer or violence to cause physical injury to resist arrest. A conviction for a third degree offense in New Jersey can carry a prison sentence of 3-5 years.
Second degree offense– The person was operating a motor vehicle on a state roadway or waterway and purposely fled or attempted to elude law enforcement after being signaled to pull over, and this action creates a risk of injury or death to another. A second degree crime in New Jersey can result in the individual facing a prison sentence of 5-10 years.
