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New Jersey Resisting Arrest Charges: N.J.S.A. 2C:29-2

Bergen County Criminal Lawyer with Offices in Paramus, New Jersey

resisting arrestTravis J. Tormey is an experienced defense attorney who serves on behalf of clients facing a vast array of charges, ranging from shoplifting to hindering apprehension or prosecution. With centrally located offices in Paramus and Morristown, he appears in courts throughout Northern New Jersey, including Ridgefield Park, Teaneck, and Paramus Borough. Having represented clients in such a wide variety of cases, Mr. Tormey has specifically formulated tactics to combat charges such as disorderly conduct, simple assault, and resisting arrest.

Mr. Tormey’s practice concentrates on criminal law, which has facilitated him in developing a breadth of knowledge in the area of criminal defense. This repository of information regarding New Jersey law enables him to identify the nuances involved in each case and thus, to best represent his clients. In fact, Mr. Tormey has been cited as a legal resource in a number of publications, including The Daily Record and The Bergen Record, as well as the AOL News. Feel free to contact him at his office at (201) 556-1570, as he provides free legal consultations.

Resisting Arrest: N.J.S.A. 2C:29-2

According to N.J.S.A. 2C:29-2:

a. Resisting Arrest.

1. Except as provided in paragraph (3), a person is guilty of a disorderly persons offense if he purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest.

2. Except as provided in paragraph (3), a person is guilty of a crime of the fourth degree if he, by flight, purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest.

3. An offense under either paragraph (1) or (2) is a crime of the third degree if the person:

a. Uses or threatens to use physical force or violence against the law enforcement officer or another; or

b. Uses any other means to create a substantial risk of causing physical injury to the public servant or another.

NOTE: It is not a defense to a prosecution under this section that the law enforcement officer was acting unlawfully in making the arrest, provided he was acting under the color of his official authority and provided the law enforcement officer announces his intention to arrest prior to the resistance.

Resisting Arrest: Potential Penalties

As the aforementioned statute indicates, charges for Resisting Arrest can be classified as third or fourth degree crimes, or disorderly persons offenses, depending on the circumstances of the specific case.

  • Third degree offenses are punishable by a term of incarceration ranging from 3 to 5 years in New Jersey State Prison. These charges include a presumption of non-incarceration, which means that defendants with no existing criminal history may be eligible for probation in lieu of a prison sentence.
  • Fourth degree offenses are punishable by a maximum term of incarceration of 18 months in New Jersey State Prison, with a presumption of non-incarceration.
  • Disorderly persons offenses are punishable by a maximum sentence of 6 months to be served in the county jail of the municipality in which the offense was committed.

Finding Representation for Your Resisting Arrest Case

If you or someone you love is currently facing charges for Resisting Arrest, enlist an experienced legal counselor who can facilitate a positive resolution in your case. Contact Mr. Tormey of the Tormey Law Firm, LLC to today at (201)-556-1570 for a free consultation.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.  

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Areas We Serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.


Hackensack Location

254 State Street

Hackensack, NJ 07601

  (201) 556-1570    Directions

Morristown Location

55 Madison Avenue Suite 400

Morristown, NJ 07960

  (908) 336-5008    Directions