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Mercer County NJ Resisting Arrest Defense Lawyer
If you have been arrested and charged with resisting arrest in Mercer County, it is crucial that you speak to an experienced Mercer County criminal defense attorney as soon as possible about your options. In 2017, the new bail reform was initiated. The reform has forever changed the bail system in New Jersey. In essence now, the system is based on a risk assessment approach as opposed to the old monetary approach. Therefore, since resisting arrest is traditionally considered a “violent” offense, there is a good chance a Defendant accused of resisting arrest would be at least forced to have a detention hearing. During that hearing, the prosecution will be seeking to have the Defendant held in the Mercer County Jail without bail pending trial. That hearing must take place within 48 hours of arrest, therefore, time is of the essence with these types of charges and hiring the right attorney right away can make a huge difference.
Local Resisting Arrest Attorneys in Hamilton NJ
If you have been accused of resisting arrest, terroristic threats, disorderly conduct, harassment, aggravated assault, simple assault, robbery, eluding or burglary in Mercer County, the Law Offices of Proetta & Oliver can help. Our firm has a tremendous amount of experience representing clients accused of serious crimes. If you would like to speak to one of our attorneys about your options then please contact us at (609) 789-0799. Now here is some information on the offense of resisting arrest including what will needed to be proven in order to be convicted.
How Serious is a Resisting Arrest Offense in New Jersey
Resisting arrest can either be a disorderly persons offense (misdemeanor) or fourth or third degree felony. The difference between the three degrees could be the difference between receiving a probationary sentence at worst and a five year in New Jersey State Prison Sentence. In addition, resisting arrest tends to be a tack on charge. Meaning, that most resisting arrest charges stems from some other unlawful altercation, which only further complicates the situation.
Elements of Resisting Arrest Charge in New Jersey
Resisting arrest is governed by N.J.S.A. 2C:29-2. Here is a breakdown in the different degrees.
N.J.S.A. 2C:29-2a(1): Resisting Arrest: Disorderly Persons Offense:
- The State must prove that the Defendant purposely prevented or attempted to prevent a police officer from effectuating an arrest. The State must show that the Defendant was aware that the police officer was in the process of effectuating an arrest.
N.J.S.A. 2C:29-2a(2): Resisting Arrest: Fourth Degree Felony:
- The State must prove that the Defendant, by running away, purposely prevented or attempted to prevent a police officer from effectuating an arrest. The State must show that the Defendant was aware that the police officer was in the process of effectuating an arrest.
N.J.S.A. 2C:29-2b: Resisting Arrest: Third Degree Felony:
- The State must prove that the Defendant, by running away, purposely prevented or attempted to prevent a police officer from effectuating an arrest. In addition to that, the State must show that the Defendant used or threatened to use force or violence against the police officer. Or, that the Defendant’s conduct created a substantial risk of causing injury to the officer. As such with a fourth degree resisting arrest, the State must show that the Defendant was aware that the police officer was in the process of effectuating an arrest.
How to Defend Resisting Arrest Charges in NJ
Two important things to discuss here, is that mere departure from an area where a crime was committed is not going to be considered flight. The State must show that the flight was done strictly for the purpose of evading an arrest. Also, one of the more complicated things to grasp is that the officer’s do NOT need to be effectuating a lawful arrest. Even if it is determined that the underlying purpose of the arrest was not lawful, the resisting arrest charge will still stand. For more information on the offense of resisting arrest please contact our office at (609) 789-0799.
Resisting Arrest Can Be a Felony or a Misdemeanor in New Jersey
A Defendant convicted of a disorderly persons offense resisting arrest will be facing up to six months in the Mercer County Jail, a fine up to $1,000 and a criminal record. A Defendant convicted of a fourth degree resisting arrest charge will be facing up to eighteen months in a New Jersey State Prison, a fine up to $10,000 and a felony criminal record. Lastly, a Defendant convicted of a third degree resisting arrest will be facing up to five years in a New Jersey State Prison, a fine up to $15,000 and a felony criminal record.
With all that being said, hiring an experienced Mercer County criminal defense lawyer may go a long in trying to prevent someone from being sentenced to a jail term on a resisting arrest charge. New Jersey has instituted a couple diversionary programs which may help keep a Defendant not only out of jail but without a record as well. They include the Pretrial Intervention Program and the Conditional Dismissal Program.
How do Detention Hearings work on Resisting Arrest Cases in Trenton?
Due to the nature of the charges, the vast majority of individual’s charged with resisting arrest will be forced to go through a detention hearing. A detention hearing is basically New Jersey’s version of a bail hearing. When a formal detention motion is filed it means that the prosecution is seeking to convince a Judge that the individual must be detained in the Mercer County Jail, without bail, pending trial. At this hearing the Judge will hear arguments from both sides and will then be called upon to make the final determination of whether the individual will be released on bail or detained without bail. The main focus of these hearings is whether the individual is a flight risk and whether they are a danger to community if released. For more information on detention hearings, including when the hearings must be conducted by, please click the link.
Consult with a Resisting Arrest Attorney in Ewing Today
If you or a loved one finds themselves facing a resisting arrest charge in Mercer County, the Law Offices of Proetta & Oliver can help. Our attorneys are ready and willing to fight to protect your rights. We represent clients accused of resisting arrest, heroin possession, eluding, cocaine possession, marijuana distribution, burglary, robbery or trespassing in courts throughout Mercer County. Those courts include, the Mercer County Superior Courthouse, the Robbinsville Municipal Court, the Lawrence Municipal Court, the Princeton Municipal Court and the West Windsor Municipal Court. To schedule a free consultation today, please contact us at (609) 789-0779.