Is Resisting Arrest a Felony?

Resisting arrest in New Jersey can quickly escalate from a minor misunderstanding to a serious legal issue. This charge can be applied when you attempt to prevent a police officer from making an arrest, which can occur through physical resistance or even fleeing. Given that resisting arrest can be classified either as a disorderly persons offense or an indictable offense, which is similar to what many know as a felony, it’s crucial to grasp the legal nuances of your potential charges.

If your case involves a simple misunderstanding or more severe allegations, our skilled New Jersey criminal defense lawyers at Lustberg Law Offices, LLC are equipped to analyze the details of your arrest, challenge any inconsistencies in the charges, and present a robust defense. We understand the nuances of both disorderly persons offenses and indictable offenses, and we are prepared to advocate vigorously on your behalf.

Getting experienced legal counsel early can be crucial in achieving a more favorable resolution. Contact Lustberg Law Offices, LLC today at (201) 880-5311 for a free consultation. Work with a defense team that stands by your side, understands your situation, and fights for your rights.

Resisting Arrest Laws in New Jersey

In New Jersey, the legal framework surrounding resisting arrest is crafted to address the nuances of interactions between law enforcement officers and the public. NJ law defines resisting arrest as intentionally preventing or attempting to prevent a police officer from making an arrest. The law breaks down resistance into categories based on the severity of the actions:

• Simple Resistance: This happens when a person resists arrest but does not use or threaten to use force or violence against the officer. In New Jersey, this is usually seen as a disorderly persons offense.
• Forceful Resistance: If the resistance includes actual force or threats of violence, it becomes a fourth-degree crime.
• Risk of Serious Injury: When the act of resisting arrest could injure someone, including the person being arrested, it is treated as a third-degree crime.

It is crucial to remember that you do not have the legal right to resist arrest, even if you believe the arrest is unlawful. Physical resistance can lead to serious bodily injury for both the person being arrested and the officer, especially in situations where there may be a good faith mistake regarding the legality of the arrest. It is considered safer and more appropriate to address the legality of an arrest through legal channels rather than through physical confrontation.

Examples of Resisting Arrest Under New Jersey Law

Here are hypothetical examples to illustrate the differences between the types of resisting arrest charges under New Jersey law:

Simple Resistance

• Scenario: During a traffic stop, an officer discovers that the driver, John, has an outstanding warrant for unpaid parking tickets. The officer informs John that he is under arrest. John, feeling frustrated, refuses to put his hands behind his back and passively sits in his car, making it difficult for the officer to handcuff him without using force or threats.
• Classification: This would likely be classified as a disorderly persons offense in New Jersey because John resists arrest without using or threatening to use violence or force against the officer.

Forceful Resistance

• Scenario: Sarah is confronted by police outside a nightclub following a report of a disturbance. When an officer tries to arrest her, she pushes the officer’s hands away and tries to run, shouting that she won’t be taken easily.
• Classification: This scenario would be categorized as a fourth-degree crime. Sarah’s actions involve physical force against a law enforcement officer, which escalates the severity of the charge.

Risk of Serious Injury

• Scenario: During an arrest for suspected burglary, Tom struggles violently with the arresting officers. He kicks one officer and grabs another’s baton, swinging it around, which could potentially injure anyone nearby, including himself, the officers, or bystanders.
• Classification: This would be classified as a third-degree crime because Tom’s actions not only involve force but also create a risk of causing serious injury to others, including the police and bystanders.

The charges associated with resisting arrest can escalate based on several factors, including the presence of threats or physical aggression towards the arresting officer. If the resistance includes fleeing from an officer, this can also elevate the charges. The distinction between a misdemeanor and a felony charge hinges on the circumstances and severity of the defendant’s actions during the incident.

New Jersey Criminal Defense Lawyer

Legal Criteria for Resisting Arrest Charges

The criteria for charging an individual with resisting arrest are clearly delineated by state law, which categorizes the offense into simple or aggravated forms based on specific behaviors and circumstances. Understanding these legal distinctions is crucial for anyone facing such charges, as the nature of the alleged resistance significantly influences both the severity of the charges and the strategies for defense.

Situations Typically Classified as Resisting Arrest

Situations that lead to charges of resisting arrest often involve varying scenarios where individuals do not comply straightforwardly with law enforcement. These can range from running away from an officer when being called to stop, to physically struggling to escape the officer’s grasp. The context of the arrest, such as the location, the behavior of the accused, and the presence of other crimes, can also influence how the event is classified legally.

The Role of Intent in Resisting Arrest Charges

Intent plays a pivotal role in the classification and resulting charges of resisting arrest. For a charge of aggravated resisting arrest, the prosecution must demonstrate that the individual acted with the conscious objective to prevent the officer from making the arrest, which includes using or threatening to use violence. Understanding and proving intent is crucial, as it directly affects the legal outcome and potential defenses available in such cases.

Charge / Metric	Typical Penalty / Fine	Statutory Basis / Notes
Third-degree resisting arrest (uses force, threat, or creates risk of injury)	3 to 5 years in prison; up to $15,000 fine	N.J.S.A. 2C:29-2(a)(3)
Fourth-degree resisting arrest (flight or fleeing)	Up to 18 months in prison; up to $10,000 fine	N.J.S.A. 2C:29-2(a)(2)
Disorderly persons resisting arrest	Up to 6 months in jail; up to $1,000 fine	N.J.S.A. 2C:29-2(a)(1)
Eluding police while resisting arrest (motor vehicle or vessel)	Third-degree: 3–5 years; Second-degree: 5–10 years; fines up to $150,000; possible license suspension	N.J.S.A. 2C:29-2(b)
Expungement eligibility	Disorderly persons: about 5 years; Indictable (3rd/4th degree): up to 10 years	N.J.S.A. 2C:52-2 and 2C:52-3

Is Resisting Arrest a Felony in New Jersey?

Whether resisting arrest is classified as a felony depends on the specifics of the incident. In New Jersey, the classification of criminal offenses differs somewhat from other states, as New Jersey does not use the term “felony” but instead classifies crimes as either “indictable offenses” or “disorderly persons offenses.”

A disorderly persons offense is similar to what is often called a misdemeanor in other states. The charge of resisting arrest falls under this category when it involves simply preventing or attempting to prevent a law enforcement officer from effecting an arrest without using or threatening to use violence or force.

More serious offenses are classified as Indictable Offenses and are categorized into first, second, third, and fourth degrees. They are similar to felony classifications in other states. Resisting arrest can escalate to an indictable offense under New Jersey law under the following circumstances:

• Disorderly Persons Offense: Resisting arrest without using or threatening to use force or violence is considered a disorderly persons offense, which is similar to a misdemeanor in other states. Simple resisting arrest is categorized under this type of offense.
• Fourth-degree crime: If the person resists arrest by fleeing from a law enforcement officer, the offense is elevated to a fourth-degree indictable offense.
• Third-degree crime: If the resistance involves using or threatening to use physical force or violence, or creating a substantial risk of physical injury.

Thus, while the basic resisting arrest charge as a disorderly persons offense is not equivalent to a felony, it can escalate to what would be considered a felony in other states if it involves aggravating circumstances such as flight, force, or risk of injury.

Resisting Arrest vs. Eluding an Officer

In New Jersey, “resisting arrest” and “eluding an officer” are often mentioned together, but they are two separate criminal offenses with different meanings and consequences.

Consequences of a Conviction for Resisting Arrest

Being convicted of an Indictable Offense for resisting arrest carries significant legal and long-term consequences. New Jersey sets limits for prison sentences and fines depending on the grading of the offense under the Criminal Code. A conviction under resisting arrest charges in New Jersey can have a significant impact on a person’s life. 

Legal Penalties and Sentencing Guidelines

In New Jersey, a felony-level or indictable offense conviction for resisting arrest is typically classified as a crime of the third or fourth degree, depending on the circumstances of the resistance. A third-degree charge can result in a prison sentence of three to five years, while a fourth-degree charge might carry a penalty of up to 18 months in prison. Fines can also be considerable, potentially reaching up to $15,000 for a third-degree crime and $10,000 for a fourth-degree crime. Resisting arrest as a disorderly persons offense is punishable by up to six months in jail.

How Felony Charges Affect Employment and Civil Rights

A felony conviction for resisting arrest can have profound implications for employment prospects. Many employers conduct background checks that include criminal history, and a felony conviction can disqualify candidates from certain positions, particularly in fields requiring trust and security clearance. Additionally, such a conviction can lead to the loss of civil rights, including voting rights and the ability to own firearms. In some cases, it can also affect parental rights and immigration status, underscoring the importance of legal counsel in these cases.

If you have been convicted of resisting arrest, you may be eligible to have it expunged from your record, provided that you meet specific requirements. Speaking with a skilled New Jersey criminal defense attorney can be instrumental in this process.

Defending Against a Charge of Resisting Arrest

Given the high stakes of facing a felony-level criminal offense, defending against charges of resisting arrest can be complicated. The process involves several legal strategies, depending on the circumstances of the arrest and the actions taken by the law enforcement officer. Two common defenses include claims of unlawful arrest and self-defense:

Unlawful Arrest Defense

This defense is based on the premise that the arrest was not legally justified. An arrest might be considered unlawful if:

• The arresting officer did not adequately identify themselves as a law enforcement officer.
• The arrest was made without probable cause or a valid arrest warrant.
  

If you were not properly informed of your rights or if the arrest did not adhere to legal standards, your attorney might argue that the arrest was unlawful. This argument hinges on proving procedural errors or legal oversights during the arrest process.

Self-Defense Against Excessive Force

Law enforcement officers are permitted to use reasonable force to execute an arrest. However, if an officer uses excessive or unnecessary force, the arrested individual may have grounds to claim self-defense. This defense is valid only if:

• The force used in self-defense was proportional to the threat posed by the excessive force of the officer.
• The defensive actions were strictly aimed at protecting oneself from harm, not at injuring the officer.

It is crucial to restrain self-defensive actions to what is necessary to prevent harm to yourself.

Consulting with a criminal defense attorney is essential when facing charges of resisting arrest. An attorney can help assess the validity of an unlawful arrest or self-defense claim, guiding you on the best strategy based on the specific details of your case. 

Legal representation is essential not only in court but throughout the entire legal process, from initial arrest to potential plea negotiations or trial. An attorney’s understanding of procedural rules and experience with similar cases can markedly influence the case’s resolution in favor of the defendant. 

Protect Your Rights with Lustberg Law Offices, LLC

Whether your resisting arrest charges are treated as a disorderly persons offense or an indictable offense, understanding the nuances of the law and consulting a skilled attorney to defend your rights is crucial. The distinctions between these charges can significantly impact the legal approach and, ultimately, the outcome of your case.

At Lustberg Law Offices, LLC, we are committed to providing clear, effective legal representation for clients accused of resisting arrest. When facing charges of resisting arrest, the stakes are invariably high, our attorneys are ready to help you tackle the legal challenges and advocate for your rights at every step.

Take action today. Contact Lustberg Law Offices, LLC today at (201) 880-5311 for a free consultation. Our attorneys can help outline your options and strategize the best course of action based on the specifics of your case. Let us put our knowledge and experience to work for you, helping to achieve the best possible resolution in your resisting arrest case.