Hawthorne NJ Resisting Arrest Defense Lawyer
Criminal Defense Attorney Representing Clients in Passaic County, New Jersey
Criminal defense lawyer Alissa D. Hascup represents clients throughout New Jersey who have been charged with offenses against the public, including but not limited to resisting arrest, disorderly conduct, and eluding in Hawthorne, Totowa, Clifton, and Wayne, New Jersey.
Ms. Hascup has successfully handled thousands of cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). Ms. Hascup is a former Morris County Prosecutor who handled a host of domestic violence cases such as robbery and criminal sexual contact during the course of her distinguished career.
Resisting arrest is generally considered a crime against law enforcement and is, therefore, taken seriously in the State of New Jersey. If you are facing charges for resisting arrest, you need aggressive, experienced legal representation. Ms. Hascup understands the law and the justice system and will use its knowledge and expertise to achieve the best possible outcome for you. Contact her office anytime for an initial consultation, which is always provided free of charge.
Resisting Arrest in New Jersey: N.J.S.A. 2C:29-2a
Resisting Arrest is codified under N.J.S.A. 2C:29-2a, which provides:
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.
A crime of the third degree is punishable by a term of imprisonment of up to 5 years in New Jersey State Prison.
A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months in New Jersey State Prison.
A disorderly persons offense is punishable by a term of imprisonment of up to 6 months in the county jail.
Contact a Paterson NJ Resisting Arrest Attorney to Discuss Your Case
Alissa Hascup is a skilled and knowledgeable attorney who can seek to avoid the imposition of a jail term by negotiating on your behalf. For example, if you are a first-time offender, she can attempt to negotiate your entry into a diversionary program like the Pre-Trial Intervention (“PTI”) Program. Successful completion of the PTI Program would result in a dismissal of the charges against you. However, because resisting arrest is considered a “violent” offense in most jurisdictions, your options may be limited. For that reason, it is critical that you have a defense attorney who is prepared to fight the charges and put you in a position to get the best result.
If you find yourself in a situation where you or a loved one have been charged with resisting arrest as a result of a domestic violence or other related incident, the consequences can be serious. Ms. Hascup can help. Contact her now for a free consultation about your changes.