Resisting arrest, 2C:29-2a

New Jersey Resisting Arrest Lawyer, 2C:29-2a

Resisting arrest, 2C:29-2a 
a. (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 paragraph (1) or (2) of subsection a. 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.

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

 With 10 offices throughout New Jersey, our team of tough, smart attorneys are easy to reach. We can represent you in any Federal, State or Municipal court in New Jersey. Our initial consultations are always free. For effective, aggressive representation, call us today at 732-773-2768.

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About jefhenningeresq

New Jersey Attorney focusing on white collar crime, street crime, business law, identity theft and family law.

Posted on November 14, 2009, in Crimes. Bookmark the permalink. Comments Off on Resisting arrest, 2C:29-2a.

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