Resisting Arrest or Hindering Apprehension Offense in Belmar

The lawyers at the Law Offices of Jonathan F. Marshall are experienced in appearing and defending resisting arrest, fleeing an officer, and hindering apprehension charges in Belmar, New Jersey.  In fact, our lead attorney, Jonathan F. Marshall, is a former resident of Belmar and former prosecutor in Monmouth County.  All of our criminal defense attorneys are knowledgeable with respect to the law associated with resisting arrest, fleeing an officer, and hindering apprehension offenses.  If you have been charged or arrested in Belmar on one of these charges, please do not hesitate to contact our New Jersey law firm for representation.  A lawyer from our NJ defense firm would be happy to answer your questions and schedule a free initial consultation to discuss your summons, ticket or criminal complaint.  The following information has been provided for your assistance in understanding a charge of resisting arrest, fleeing an officer, and hindering apprehension in Belmar.

New Jersey Resisting Arrest & Hindering Apprehension Law 

Resisting Arrest, fleeing an officer, and hindering apprehension charges are disorderly persons offenses when they are heard in Belmar Municipal Court.  The reason for this is the fact that the municipal courts within NJ only have jurisdiction to hear non-indictable, misdemeanor type offenses, known as disorderly persons offenses.  A conviction for a disorderly persons offense carries various fines and penalties and up to six (6) months in jail.  The conviction also gives rise to a criminal record.  It is important for an individual to retain a criminal lawyer if they have been charged with resisting arrest, fleeing an officer, or resisting apprehension, as the potential penalties are significant and no one wants a criminal record. 

The resisting arrest law in New Jersey is contained at N.J.S.A. 2C:29-2 and provides, in pertinent part, that:

2C:29-2. Resisting Arrest; Eluding Officer. 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.

New Jersey's hindering apprehension law is contained at N.J.S.A. 2C:29-3 and provides that:

2C:29-3. Hindering Apprehension or Prosecution.
a.A person commits an offense if, with purpose to hinder the detention, apprehension, investigation, prosecution, conviction or punishment of another for an offense or violation of Title 39 of the New Jersey Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes he:

(1) Harbors or conceals the other;

(2) Provides or aids in providing a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension or effecting escape;

(3) Suppresses, by way of concealment or destruction, any evidence of the crime, or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence, which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;

(4) Warns the other of impending discovery or apprehension, except that this paragraph does not apply to a warning given in connection with an effort to bring another into compliance with law;

(5) Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;

(6) Aids such person to protect or expeditiously profit from an advantage derived from such crime; or

(7) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).

The offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a crime of the second degree or greater, unless the actor is a spouse, parent or child of the person aided, in which case the offense is a crime of the fourth degree. The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.

b.A person commits an offense if, with purpose to hinder his own detention, apprehension, investigation, prosecution, conviction or punishment for an offense or violation of Title 39 of the New Jersey Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes, he:

(1) Suppresses, by way of concealment or destruction, any evidence of the crime or tampers with a document or other source of information, regardless of its admissibility in evidence, which might aid in his discovery or apprehension or in the lodging of a charge against him; or

(2) Prevents or obstructs by means of force or intimidation anyone from performing an act which might aid in his discovery or apprehension or in the lodging of a charge against him; or

(3) Prevents or obstructs by means of force, intimidation or deception any witness or informant from providing testimony or information, regardless of its admissibility, which might aid in his discovery or apprehension or in the lodging of a charge against him; or

(4) Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).

The offense is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against him would constitute a crime of the second degree or greater. The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.

If you have been arrested or received a summons, ticket or summons for resisting arrest, fleeing an officer, or hindering apprehension in Belmar, please do not hesitate to contact our law office to speak to one of our criminal defense lawyers.  An attorney with our NJ defense firm will be happy to answer your questions and discuss our representation of you in Belmar Municipal Court.  Initial consultations with our defense attorneys are always without charge and a lawyer is available to speak to you immediately.