Winslow NJ Resisting Arrest Attorneys
A charge of resisting arrest is something that can unfold very seamlessly in Camden County or anywhere else in New Jersey. Anything short of an unconditional surrender to police has the potential to result in a resisting arrest offense. Typically, this violation will come in the form of a disorderly persons offense and be handled in the municipal court of the town where the incident occurred. What this means is that most individuals like you will have their case heard in Winslow, Voorhees, Runnemede, or Collingswood but this is not always the situation. If your encounter with the police involved your attempting to run or flee, or use of force against the officer, then there is a good chance that you are dealing with the felony version of resisting arrest, namely, a third degree or fourth degree crime. This grade of resisting arrest can only be heard and resolved at the Camden County Superior Court. If you were arrested, charged and/or indicted for resisting arrest, an attorney here at the Law Offices of Jonathan F. Marshall, is ready to assist you. Our firm is equipped with exceptional manpower, including several former prosecutors, and a group of criminal attorneys with over 100 years of experience combined. Call us at 856-662-8300 to immediately speak to a lawyer on our team in a free initial consultation.
Resisting Arrest Charges In Camden NJ
Under N.J.S.A. 2C:29-2, the crime of resisting arrest arises whenever there is non-submission to an arrest. Depending on how far things go in terms of resistance, the incident can result in a misdemeanor disorderly persons offense or an indictable felony crime of the third degree or fourth degree. Resisting arrest is a municipal court offense (e.g. disorderly persons offense) when the state can establish the following four elements. First, it must be proved that the defendant prevented the effecting of an arrest. Second, it must be proved that the person effecting the arrest was a law enforcement officer. Third, it must be proved the officer acted under the color of authority and announced his intention to arrest. Fourth, it must be proved the defendant acted purposely, meaning the state must be able to prove that it was the defendant’s intention to resist the arrest or cause the arrest to be resisted. It is of note that it is not fatal to conviction under this statute that the arrest was unlawful. So long as the officer was acting under the color of official authority, you may still be prosecuted for resisting arrest. If an additional element, your attempting to flee the police officer, then resisting arrest is elevated to a fourth degree crime which is indictable and can only be decided at the Superior Court in Camden. Another way for a felony resisting arrest to arise at the Superior Courthouse, Camden NJ, is where one of two additional elements are present. First, that defendant used or threatened to use physical force or violence against the law enforcement officer or against another person. Physical force or violence means conduct which creates or threatens to create a substantial risk of causing physical injury to the public servant or another. Physical injury means bodily injury. Bodily injury means physical pain, illness or any impairment of physical condition. The second alternative element that elevates the offense to a crime of the third degree is that the defendant used a means to resist arrest which created a substantial risk of physical injury to the law enforcement officer or to another.
Penalties Our Resisting Arrest Lawyers in Haddonfield NJ Can Help You Avoid
These are serious crimes in the State of New Jersey. A disorderly persons offense carries with it the possibility of a fine of up to $1000 and up to six months in the county jail. A fourth degree offense carries with it a fine of up to $10,000 and the possibility of incarceration for up to 18 months. A third degree offense carries with it a fine of up to $15,000 and possible incarceration of between 3 and 5 years.
Cherry Hill Resisting Arrest Criminal Defense Firm
Our Cherry Hill Office is ready to battle for you whether you are facing an indictable resisting arrest charge or a disorderly persons offense in Audubon, Berlin, Haddon Township or Lindenwold. Our attorneys have effectively defended literally thousands of cases like yours over the last several decades and is equipped with vast knowledge and experience to achieve a favorable outcome. To learn what we can do for you, call our criminal firm any time of day or night at 856-662-8300.