What Are the Penalties for Resisting Arrest?

You may be confused when a law enforcement officer stops you or otherwise wants to speak with you. Then, you may be overwhelmingly blindsided when an officer proceeds to place you under arrest. Even though you might not understand, you must cooperate with them at all costs. Otherwise, in addition to whatever criminal offense you are already accused of, you may be charged with resisting arrest. With that being said, please read on to discover the potential penalties for resisting arrest and how one of the experienced New Jersey & Pennsylvania criminal defense lawyers at The Vigilante Law Firm, P.C., can help you evade them legally and effectively.

What are the penalties for resisting arrest in New Jersey?

Simply put, the potential penalties you are up against all depend on how you resist an arrest conducted by a law enforcement officer. That is, doing so may range from a disorderly persons offense to a second-degree offense. More specific descriptions read as follows:

• A disorderly persons offense: this is if you prevent or attempt to prevent an officer from making an arrest.
  • A jail sentence of up to six months.
  • A fine of up to $1,000.
• A fourth-degree offense: this is if you attempt to flee or run away from an officer making an arrest.
  • A prison sentence of up to 18 months.
  • A fine of up to $10,000.
• A third-degree offense: this is if you refuse to pull over when an officer commands you to do so, or threaten or attempt to use violence against an officer.
  • A prison sentence of anywhere between three to five years.
  • A fine of up to $15,000.
• A second-degree offense: this is if you refuse to pull over when an officer commands you to do so and cause a serious risk of death or injury to others.
  • A prison sentence of anywhere between five to 10 years.
  • A fine of up to $150,000.

How can I avoid jail or prison time after resisting arrest?

Your decision to resist arrest may have been your fight-or-flight response to an emotionally distressing situation. That is, you may not have been thinking clearly and wholeheartedly regret it. Even though there is no way of changing it now, you may try to help your situation by applying for New Jersey’s Pretrial Intervention program. Here, you may be placed on a probationary period for up to three years. If you successfully get through this period, the New Jersey criminal court may dismiss your resisting arrest charge altogether.

Importantly, though, you must understand this alternative remedy may only be available if you are a first-time criminal offender. Also, the court must not consider your criminal act to constitute a second-degree offense.

If you find yourself up against this, please do not go through it alone. Instead, pick up the phone and speak with one of the experienced New Jersey & Pennsylvania criminal defense lawyers. Our team at The Vigilante Law Firm, P.C., wishes to aid you during this difficult point in time.