New Jersey criminal defense lawyer Adam M. Lustberg (https://www.lustberglaw.com/blog/is-resisting-arrest-a-felony/), of Lustberg Law Offices, LLC, has shared key insights into the complex aspects of resisting arrest charges in New Jersey. In an article authored by Lustberg, the legal framework surrounding resisting arrest is detailed, emphasizing the factors that can influence how these charges are categorized and defended.
Resisting arrest in New Jersey can be treated as either a disorderly persons offense or an indictable offense, depending on the severity of the situation. According to New Jersey criminal defense lawyer Adam M. Lustberg, it is essential to understand these distinctions for anyone facing such charges. Lustberg highlights, “Resisting arrest in New Jersey can quickly escalate from a minor misunderstanding to a serious legal issue.”
The New Jersey criminal defense lawyer notes that, under New Jersey law, resisting arrest is defined as an intentional attempt to prevent an officer from making an arrest. The severity of the charge varies based on the type of resistance involved. Simple resistance, which is when an individual resists without using or threatening force, is considered a disorderly persons offense. Forceful resistance, involving physical force or threats, is categorized as a fourth-degree indictable crime. Cases where the act of resistance poses a risk of serious injury to the person being arrested, the officer, or bystanders, may be elevated to a third-degree crime.
Adam M. Lustberg explains that even a disorderly persons offense can have serious consequences. While similar to a misdemeanor in other states, this charge should not be underestimated. “Even a simple act of passive resistance can carry implications that could affect your future,” Lustberg notes. More severe cases involving physical struggle or fleeing the scene may be treated as third or fourth-degree indictable offenses, leading to substantial penalties, including prison time and heavy fines.
The article provides examples to illustrate how different acts of resistance may be legally classified. A minor instance, such as an individual refusing to comply during a routine arrest, could be considered a disorderly persons offense. On the other hand, an attempt to escape or actions leading to potential injury could be classified as a third-degree crime, comparable to a felony in other states.
A conviction for resisting arrest, particularly when elevated to a felony-level charge, can have profound and lasting consequences. Lustberg emphasizes the potential impact on a person’s future, noting that a third-degree crime can result in prison sentences of one to five years and fines of up to $15,000. A fourth-degree charge can lead to up to 18 months in prison and significant fines. Beyond the immediate legal penalties, a felony conviction can affect employment prospects, especially for positions that require background checks. It may also result in the loss of civil rights, including the right to vote and own firearms, and could impact parental rights and immigration status.
Adam M. Lustberg discusses the importance of understanding the defenses available in resisting arrest cases. Lustberg explains that a charge may be challenged on grounds such as an unlawful arrest or self-defense if the officer used excessive force. An arrest might be deemed unlawful if the officer did not clearly identify themselves or if there was no probable cause or warrant. Lustberg states, “The legality of an arrest can be challenged, particularly if procedural errors occurred or if the officer failed to properly identify themselves.”
The claim of self-defense is another defense strategy discussed by Lustberg. For this to be valid, the force used by the arrested individual must be proportional to the threat posed by the officer's excessive force, and the response must aim solely to prevent harm. Lustberg highlights that the careful assessment of these factors and professional legal guidance are crucial to building a defense.
Adam M. Lustberg stresses the importance of securing legal representation when facing charges of resisting arrest. Lustberg and the team at Lustberg Law Offices, LLC, are dedicated to handling the legal process, advocating for clients' rights, and helping ensure that each case receives a tailored approach. “Understanding your rights and having experienced legal guidance can be the key to a successful resolution,” Lustberg states.
For those facing charges or seeking legal counsel, working with an experienced attorney can make a significant difference in the outcome. The team at Lustberg Law Offices, LLC is committed to providing comprehensive legal representation and defending the rights of individuals accused of resisting arrest.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC, located in New Jersey, is dedicated to offering comprehensive legal services to clients facing criminal charges. Led by Adam M. Lustberg, the firm is known for its client-focused approach and deep understanding of New Jersey's legal system. With a commitment to protecting clients’ rights and pursuing favorable outcomes, Lustberg Law Offices, LLC can be a trusted source of legal support.
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