Being arrested can be a confusing and highly emotional experience. For some, fear and panic might lead to impulsive actions that could result in additional charges. Resisting arrest is one such charge that can have significant legal consequences. Understanding what constitutes resisting arrest, the potential penalties, and how to respond during an arrest can help you avoid escalating the situation. If you find yourself facing such charges, having an experienced attorney from Catanzaro Law on your side can make all the difference.

What Constitutes Resisting Arrest?

Resisting arrest occurs when an individual intentionally obstructs, delays, or resists a law enforcement officer in the process of making a lawful arrest. Actions that can lead to a resisting arrest charge include:

• Physical Resistance: Struggling, pulling away, or fighting with the officer.
• Fleeing: Attempting to run or escape during the arrest process.
• Verbal Obstruction: Threatening or verbally abusing the officer, or refusing to comply with lawful commands.
• Interfering with Others: Trying to intervene when someone else is being arrested, such as attempting to stop the arrest or physically interfering.

In some cases, even minor actions, like tensing your arms to avoid being handcuffed or verbally questioning the officer’s actions, could be interpreted as resisting arrest.

The Potential Consequences of Resisting Arrest

The penalties for resisting arrest vary depending on the severity of the offense and the jurisdiction. In New Jersey, resisting arrest can be charged as either a disorderly persons offense or an indictable offense (similar to a felony in other states), depending on the circumstances.

• Disorderly Persons Offense: If the resistance is non-violent, such as refusing to comply with verbal commands, it is typically considered a disorderly persons offense. Penalties can include fines, probation, and up to six months in jail.
• Indictable Offense: If the resistance involves physical violence, fleeing, or risking harm to the officer, it can be charged as an indictable offense. This carries much harsher penalties, including significant fines and up to five years in prison.

Additionally, resisting arrest charges are often accompanied by other charges, such as assault on a law enforcement officer, creating an even more complex legal situation.

How to Act During an Arrest

If you are being arrested, it’s crucial to remain calm and avoid any actions that could worsen your situation. Here are a few tips:

1. Comply with Instructions: Follow the officer’s commands, even if you believe the arrest is unwarranted.
2. Stay Silent: Exercise your right to remain silent. Do not say or do anything that could be used against you later.
3. Do Not Resist: Avoid physical or verbal resistance, even if you feel the arrest is unfair.
4. Request an Attorney: Politely inform the officer that you wish to speak to an attorney.

Remember, the time to challenge the legality of an arrest is in court, not during the arrest itself.

Why Choose Catanzaro Law?

If you are facing charges for resisting arrest, it is essential to seek skilled legal representation. Catanzaro Law has extensive experience defending clients against resisting arrest and related charges. Our team understands the complexities of these cases and will examine every detail to build a strong defense, including whether the arrest was lawful and whether law enforcement acted appropriately during the encounter. If you or a loved one is facing charges for resisting arrest, don’t wait—contact Catanzaro Law today. Let us provide the trusted legal representation you need to navigate this challenging time.