Resisting Arrest Lawyer Bergen County — What Are Your Defenses?
Resisting arrest in Bergen County is a disorderly persons offense under N.J.S.A. 2C:29-2, punishable by up to 6 months in jail and a $1,000 fine. Law Offices Of SRIS, P.C. provides a strong defense for these charges, which often arise from misunderstandings during police encounters. If you are searching for a Resisting Arrest lawyer Bergen County, contact us for a 24/7 consultation.
New Jersey Law on Resisting Arrest
In New Jersey, resisting arrest is defined by statute N.J.S.A. 2C:29-2. A person is guilty of this offense if they purposely prevent or attempt to prevent a law enforcement officer from effecting an arrest. The law covers a range of actions, from physical force and flight to creating a substantial risk of injury. The prosecution must prove that the arrest was lawful and that the defendant’s resistance was intentional.
Last verified: March 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
Official Legal Resources
For the full text of the law, refer to the official N.J.S.A. 2C:29-2 (New Jersey Legislature). For local court procedures and forms, visit the Bergen Vicinage website (New Jersey Courts).
Handling a Resisting Arrest Case in Bergen County
Resisting arrest charges in Bergen County are typically heard in the Superior Court, Criminal Division, in Hackensack. These cases are often filed alongside other charges like obstruction or disorderly conduct. Prosecutors in this vicinage frequently seek penalties that include probation and mandatory anger management classes.
- Secure legal representation immediately after being charged.
- Your attorney will obtain and review all police reports and body-worn camera footage.
- A motion may be filed to dismiss the charge if the arrest was unlawful.
- Your lawyer will negotiate with the prosecutor, often seeking a downgrade to a local ordinance violation or conditional dismissal.
- If necessary, prepare for trial to argue your case before a judge or jury.
Potential Penalties for Resisting Arrest in NJ
In Bergen County, resisting arrest is a disorderly persons offense carrying a jail term, fines, and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Resisting Arrest (N.J.S.A. 2C:29-2a) | Disorderly Persons Offense | Up to 6 months in county jail | Up to $1,000 | None directly | Criminal record, possible probation, community service. |
| Resisting Arrest w/ Force (N.J.S.A. 2C:29-2b) | Fourth-Degree Crime | Up to 18 months in state prison | Up to $10,000 | None directly | Felony record, more severe probation terms. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience and more than 4,739 case results firm-wide, our team understands how to build a defense against resisting arrest charges. We focus on the specific facts of your encounter with police.
Case Results and Client Advocacy
While specific results for resisting arrest in Bergen County are not listed, our firm-wide record includes over 4,739 cases with a favorable outcome rate of 93%+ across Virginia, Maryland, New Jersey, New York, and DC. We apply this extensive experience to every case. For an affordable resisting arrest lawyer Bergen County, our firm offers clear fee structures and payment plans.
Results may vary. Prior results do not guarantee a similar outcome.
Local Defense for Bergen County Residents
Our New Jersey location serves clients at the Bergen County Courthouse in Hackensack. If you need a resisting arrest lawyer near me Bergen County, we are accessible from communities like Hackensack, Fort Lee, Teaneck, Paramus, Englewood, and Ridgewood via I-80, the NJ Turnpike, and Route 17.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 651-9900
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
Can I be charged with resisting arrest if I didn’t know I was being arrested?
It depends. The prosecution must prove you purposely resisted. If the officer did not clearly communicate you were under arrest, it can be a strong defense. An attorney can review the circumstances.
Is resisting arrest a felony in New Jersey?
No, basic resisting arrest is a disorderly persons offense (similar to a misdemeanor). However, if you use force against the officer, it escalates to a fourth-degree crime, which is an indictable offense (felony).
What are common defenses to a resisting arrest charge?
Common defenses include: the underlying arrest was unlawful; the officer used excessive force, justifying your actions; you were not purposely resisting but were confused or frightened; or the identification of the resister is mistaken.
Will a resisting arrest charge appear on a background check?
Yes. A disorderly persons conviction in New Jersey creates a criminal record that will appear on most standard background checks, potentially affecting employment, housing, and professional licensing.
Can the charge be dropped before court?
Yes, sometimes. A prosecutor may agree to dismiss or downgrade the charge, especially if the initial arrest is questionable or if you have no prior record. An experienced Resisting Arrest lawyer Bergen County can negotiate on your behalf.
Related Legal Information
If you are facing other charges, our firm also handles related matters. Learn about Civil Litigation in New Jersey. For defense in nearby areas, see our pages for Atlantic County and Burlington County. For other legal needs in Bergen County, we assist with Business Law and DUI Defense.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Your case in Bergen County, New Jersey
Indictable charges are heard in the Criminal Part of the Law Division; disorderly-persons offenses are heard in the municipal court where the charge was filed. In Bergen County that is the Superior Court of NJ, Bergen Vicinage (2nd Vicinage), 10 Main Street, Hackensack, NJ 07601, telephone (201) 527-2700, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Bergen County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Bergen County NJ lawyers directory · Resisting Arrest Lawyer Hudson County, NJ · Resisting Arrest Lawyer Monmouth County, NJ.