Under New Jersey law, resisting arrest is a serious disorderly person offense that can incur six months in jail or longer, depending on the circumstances. However, it is possible for defendants to drop the charges with the help of an experienced criminal law attorney. Here’s an overview of five possible legal defenses that can be used to challenge a resisting arrest offense.
Justified Self-Defense
A resisting arrest charge can sometimes be defended if the accused acted in justified self-defense. If a law enforcement officer uses excessive physical force, the individual may have a right to protect themselves from harm.
A criminal defense attorney can argue that their client did not intend to resist the arrest but was instead defending against an unlawful arrest. The success of this defense often depends on the circumstances, particularly whether the police officer’s actions were clearly unreasonable or excessive under the law.
Lack of Probable Cause
Another potential defense is the absence of probable cause. A police officer must have reasonable suspicion that a crime has been committed before attempting an arrest in New Jersey.
If the arresting officer fails to establish this legal standard, a criminal defense lawyer can argue that the arrest was improper. When law enforcement arrests someone without proper justification, it may lead to the dismissal of resisting arrest charges.
Procedural Violation
Procedural errors can also provide a strong defense in resisting arrest cases. For instance, if a law enforcement officer violates a person’s rights during the arrest, such as failing to read Miranda rights or conducting an unlawful search, an experienced criminal defense attorney can use these violations to weaken the prosecution’s case. Such violations undermine the legitimacy of the arrest, and a skilled criminal defense lawyer may use this to challenge the validity of the charges.
Incorrect Identification
In some cases, the law enforcement officers made an incorrect identification when arresting the defendant. If a person is wrongly accused of resisting arrest because they were misidentified as another individual involved in the criminal offense, this can serve as a viable defense. A criminal defense attorney will examine all available evidence, including video footage or witness statements, to show that their client was mistaken for the person who committed the act of resisting arrest.
Challenging the Prosecution
During a resisting arrest conviction, the prosecutor must prove that an officer attempted to make an arrest, acted in accordance with the law, and announced their intention to arrest. Additionally, they must also prove that the accused tried to or succeeded in preventing their arrest and that the defendant’s conduct was intentional. If they are unable to prove these facts beyond a reasonable doubt, then the charge can be dropped.
An experienced criminal defense lawyer will scrutinize the evidence presented by law enforcement to identify inconsistencies, procedural errors, or weak points in the prosecution’s case. By challenging the prosecution’s assertions, the defense can aim to create doubt about the accused’s guilt.
If You Were Charged With Resisting Arrest in New Jersey, Contact The Law Offices of Zapicchi & Liller
At The Law Offices of Zapicchi & Liller LLP, our skilled criminal attorneys are dedicated to providing defendants with the best legal representation possible. The criminal defense attorneys at our firm specialize in many different cases and have the experience to ensure that your resisting arrest case receives the attention it deserves.
Contact us for further information and to schedule a free consultation.