Brick Resisting Arrest Lawyer

Criminal Defense Lawyer In Brick Township
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Resisting Arrest in Brick, NJ (N.J.S.A. 2C:29-2)

In Brick, police officers are generally allowed to use reasonable force to take a person into custody.  For example, if a suspect’s only resistance was to slightly move one’s wrists while the police officer was handcuffing them, the police officer would not be justified in beating the suspect senseless.

It is important for you to realize that courts decide whether an officer’s use of force was unreasonable on a case-by-case basis, taking into account many factors such as the severity of the crime committed, amount of resistance shown, and whether the suspect poses a threat.

If you have been charged with an offense that warrants an arrest, you could also be charged with the disorderly persons offense of resisting arrest if you do in fact resist law enforcement. Some common scenarios in Brick Township include but are not limited to:

    1. If approached by a law enforcement officer and you purposely prevent or attempt to prevent that officer from arresting you, you will be charged with the disorderly persons offense of resisting arrest.
    2. If you attempt to elude the officer by running or escaping, you can be charged with an indictable offense in the 4th degree.
    3. If you use, or threaten to use, physical violence on the officer to prevent arrest, you might be charged with an indictable offense in the 3rd degree.

Resisting arrest offenses most often occur when a law enforcement officer attempts to break up a fight and the party charged mistakes the police officer as another combatant in the fight.  Other times, the party charged with resisting will make a full flight from arrest out of nervousness or confusion.

If you have been charged with resisting arrest, contact the experienced Brick Township criminal defense attorneys of Villani & DeLuca at 732-965-3345 today for a free initial consultation.


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