Defending Yourself Against The Charges Of Resisting Arrest NJ Law Enforcement Might Bring

By Thomas Cooper


The attitudes and policies of the current administration have brought out a lot of strong feelings in many communities around the country. Protesters have taken to the streets, carrying signs and attending public rallies. Sometimes law enforcement attempts to disperse a crowd, and innocent participants are faced with the charges of resisting arrest NJ officers bring.

When law enforcement tells you to do something, in the middle of a tense situation, and you do not comply, you can be seen as resisting. If this happens to you, you might be arrested and hauled to jail although you have not done anything to warrant it. One thing you should know is that it's up to the prosecution to prove the case. They must prove you clearly understood the other person involved in the conflict was actually a police officer. They must show that law enforcement acted legally and that you acted with intention.

Protesters commonly show their resistance by fighting or struggling with law enforcement attempting to detain them. They may sit down, lay down, or fall limp when a police officer attempts to remove them from the premises. When protesters give fake names or provide bogus information to an official asking them to verify their identity, and right to occupy a particular space, they can be arrested.

Resisting arrest can have serious consequences. If you get convicted for some action considered a misdemeanor, you might spend twelve months in jail and be required to pay a fine of up to four thousand dollars. You may have to meet with a probation officer for five years. During the probation period, you can not be convicted of committing the same offense.

A felony conviction has much more serious consequences. You can be sent to jail for as long as three years. If you are convicted in Louisiana, you could be looking at a ten year sentence. You may have to pay restitution in the form of ten thousand dollars. You will have to see a parole officer for a specified amount of time every month or week.

It is in your favor that it's hard to prove someone was intentionally resisting arrest. You can argue that excessive force was used and that you were protecting yourself and acting in self-defense. You can also say that the officer in question had no right to arrest you because he was not authorized.

Another defense is that the incident report contains errors. You should be careful with this defense because you don't want to accuse the police officer of deliberately lying. This may alienate the judge, which is something to be avoided. A better argument is that the official report does not reflect your experience.

You can make the argument that you did not pose a threat or threaten harm when approached. If you tried to run away or yelled at an officer, without causing any harm, you may have a case. Whatever the charge, you are going to need an experienced lawyer to get you out of trouble.




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