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Point Pleasant Resisting Arrest Attorneys

Our law firm has successfully handled thousands of criminal, DWI, and municipal court charges throughout Ocean County and New Jersey.

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Resisting Arrest Defense Lawyers in Point Pleasant NJ

Charged with 2C:29-2 Point Pleasant NJ helpPoint Pleasant is a popular Jersey Shore town known for kicking back, relaxing, and enjoying life.  For many, the intention is to escape the mundane everyday realities of the daily grind. Conversely, for Point Pleasant police, their intentions are to maintain some semblance of order, enforce the laws, and arrest anyone who jeopardizes the peace and enjoyment of visitors and residents alike. The sun seeker and the officer’s worlds often collide when a person is accused of a crime and then allegedly resists arrest. Despite your best intentions, if an officer attempts to arrest you and you supposedly flee, hide, resist, or speed off attempting to get away, you may be charged with resisting arrest or eluding police under N.J.S.A 2C:29-2. Depending on the situation, the police may charge you with either an indictable crime or disorderly persons offense for resisting arrest or eluding in Point Pleasant NJ. Further, the degree of the crime delineates whether you face time in the Ocean County Jail, or as much as 10 years of mandatory incarceration in state prison if convicted.

If you have been charged with resisting arrest or eluding police in Point Pleasant, you are best advised to take it seriously. Prosecutors and courts do not look kindly on those who violate this provision of the law, as these individuals are typically viewed as a threat to public safety and the officers who seek to maintain order within the community. For this reason, you need defense counsel from an attorney experienced in defending such cases in Point Pleasant and Ocean County. At Proetta & Oliver, we have the credentials, experience, and dedication you are looking for. For more information and to discuss your case with a criminal defense lawyer free of charge, contact our local office in Point Pleasant at (848) 238-2100 today.

Facing Charges for N.J.S.A 2C:29-2 in Point Pleasant

When accused of resisting an officer or attempting to avoid arrest by police, the statute associated with this crime is entitled “resisting arrest, eluding officer.” Prohibited conduct under the statute includes force, violence, or flight intended to avoid an arrest.  Conduct that is more egregious and puts the public in harm’s way will be taken more seriously.  For this reason, the degree of the crime appears to directly correlate with the danger posed to others and the actual harm caused.

Below is a list of prohibited conduct, the corresponding degrees of crimes, as well as examples of such offenses under N.J.S.A. 2C:29-2 and potential penalties:

As noted, the degree of the crime that you are charged with is largely dependent on your alleged conduct and the potential impact it had or could have had on anyone else. For example, if you leave Jenkinson’s or a local bar after having a few drinks, are wandering around, and wind up pulling away from an officer or hiding to avoid being arrested, you will likely be charged with a disorderly persons offense (akin to a criminal misdemeanor).  Conversely, if you get into your car, drive off, hit a few parked cars or nearly miss a pedestrian while trying to escape an officer in a motor vehicle, you may be charged with an indictable offense of the second degree. In contrast to a disorderly persons offense, this crime is much more serious, as the backdrop of a conviction is 5-10 years in state prison.

Charged with Resisting Arrest in Point Pleasant, Where will my Case be Heard?

When accused of resisting arrest or eluding police in Point Pleasant, any charge involving a second, third, or fourth degree crime will be heard in the Ocean County Superior Court, which is responsible for hearing cases involving indictable felony crimes. Less serious offenses that are not considered crimes, such as disorderly persons offenses, are heard in municipal court. Thus, if you have been charged with a disorderly persons offense for resisting arrest, your court notice will direct you to attend Point Pleasant Municipal Court located at 2233 Bridge Avenue.  While not a felony in the traditional sense, a conviction for this offense will appear up on your criminal record.

It is important to note: many people are under the mistaken impression that if they were falsely arrested, they cannot be charged with resisting arrest.  This is simply untrue and the statute clearly states that this is not a defense against resisting arrest charges.  If you received a signal to stop from law enforcement and it was clear that the person was a law enforcement officer, you can be charged with this offense.

Consult a Point Pleasant Eluding Attorney Now

Our experienced criminal defense attorneys in Point Pleasant, New Jersey can answer your questions about resisting arrest and eluding charges, advise you of your rights, and discuss your available options. Call (848) 238-2100 for a free consultation now. When you need the top defense strategy to challenge the case against you, we are here to help.

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3828 River Road, Point Pleasant, NJ 08742

Phone: (848) 238-2100

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3840 Park Ave, Suite 202 A, Edison NJ 08820

Phone: (732) 659-9600

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242 10th Street Suite 103 Jersey City, NJ 07302

Phone: (201) 793-8018

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20 Commerce Drive, Room 135 Cranford, NJ 07016

Phone: (908) 838-0150

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