Resisting Arrest Lawyer Union County — What Are Your Defense Options?
Resisting arrest in Union County is a serious offense under N.J.S.A. 2C:29-2, often charged alongside other crimes and carrying penalties up to 18 months in jail. If you are accused, securing a Resisting Arrest lawyer Union County from Law Offices Of SRIS, P.C. is critical to challenge the prosecution’s narrative.
Understanding Resisting Arrest Charges in New Jersey
In New Jersey, resisting arrest is defined by statute N.J.S.A. 2C:29-2. The law prohibits purposely preventing or attempting to prevent a law enforcement officer from effecting an arrest. This can include physical acts like pulling away, fleeing, or creating a substantial risk of injury, as well as verbal threats or other intimidating behavior. The charge is not dependent on the validity of the underlying arrest; you can be charged even if the initial arrest was for a minor offense or later dismissed.
Last verified: March 2026 | Superior Court of NJ, Union Vicinage | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. has built a practice focused on assertive criminal defense. The firm’s experience is grounded in understanding both sides of the courtroom, which is essential when defending against charges that hinge on an officer’s perception of a suspect’s actions.
Official Legal Resources
For the official text of the law, refer to N.J.S.A. 2C:29-2 (official New Jersey Legislature site). Court procedures and local rules for Union County cases are handled by the Superior Court of New Jersey, Union Vicinage.
Local Court Process for Resisting Arrest in Union County
Resisting arrest cases in Union County typically begin in municipal court but are often transferred to the Superior Court, Law Division, especially if the charge is graded as a fourth-degree crime or is coupled with an indictable offense. Prosecutors in Union County often treat these charges aggressively, viewing them as an affront to police authority. An affordable resisting arrest lawyer Union County can handle this local tendency.
- Initial Appearance & Plea: You will be arraigned, and charges will be formally read. Your attorney will enter a plea of not guilty.
- Discovery & Investigation: Your resisting arrest lawyer near me Union County will obtain all police reports, body-worn camera footage, and witness statements to assess the state’s case.
- Pre-Trial Motions: Your lawyer may file motions to suppress evidence or dismiss charges if your rights were violated during the arrest.
- Negotiation or Trial: Based on the evidence, your attorney will negotiate for a reduction or dismissal. If a fair offer isn’t reached, they will prepare for trial.
- Sentencing or Appeal: If convicted, your lawyer will argue for minimal penalties. If errors occurred, they may file an appeal.
Potential Penalties for Resisting Arrest
In Union County, resisting arrest can be a disorderly persons offense or a fourth-degree crime, carrying penalties from 6 months to 18 months in jail and fines up to $10,000.
| Offense Level | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Resisting Arrest (No Injury) | Disorderly Persons Offense | Up to 6 months in county jail | Up to $1,000 | Criminal record, possible probation |
| Resisting Arrest (Causes Injury) | Fourth-Degree Crime | Up to 18 months in state prison | Up to $10,000 | Felony record, prolonged probation, impact on employment and housing |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Resisting Arrest Defense
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to each case. Our founder, Mr. Sris, is a former prosecutor who understands the tactics used by the state to secure convictions. This insight is invaluable when building a defense against resisting arrest charges, which often become a “he-said, she-said” contest between the defendant and the officer.
Our Approach to Resisting Arrest Cases
We approach every resisting arrest case by immediately securing all available evidence, particularly police body camera or dash camera footage. We scrutinize the arrest report for inconsistencies and challenge whether the officer had probable cause for the initial arrest—a key element the prosecution must prove. Our goal is to create reasonable doubt about whether you purposely resisted or if the situation was a misunderstanding.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Union County Resisting Arrest Lawyers
If you need a resisting arrest lawyer near me Union County, our New Jersey location serves clients throughout the area. Our location is accessible via the NJ Turnpike, Garden State Parkway, Route 22, and I-78, near landmarks like the Union County Courthouse and Newark Airport.
We serve communities including Elizabeth, Union Township, Plainfield, Westfield, Scotch Plains, Cranford, Summit, Linden, Rahway, Clark, Roselle, and Springfield.
Available 24/7 by Phone | Meetings By Appointment Only
Toll-Free: (888) 437-7747 | Local: (732) 651-3900
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
By appointment only.
Frequently Asked Questions: Resisting Arrest in Union County
Can I be charged with resisting arrest if I didn’t touch the officer?
Yes. Under N.J.S.A. 2C:29-2, resisting arrest can include verbal threats or any act creating a substantial risk of injury that makes the arrest more difficult. Physical contact is not required for a charge.
What if the original arrest was unlawful?
It depends. New Jersey law allows a charge for resisting even an unlawful arrest if the officer was acting under color of law. However, an unlawful arrest is a powerful defense tool. Your Resisting Arrest lawyer Union County can use it to challenge the entire case and may file a motion to suppress evidence.
Is resisting arrest a felony in NJ?
It can be. Resisting arrest that causes bodily injury to an officer is a fourth-degree crime (indictable offense/felony). Resisting without injury is a disorderly persons offense (misdemeanor).
How can a lawyer help with a resisting arrest charge?
A lawyer will obtain and review all evidence, including body cam footage, to challenge the officer’s account. They can argue you were not purposely resisting, the force used was excessive, or your rights were violated. An attorney negotiates for reduced charges or seeks a full dismissal at trial.
Where are resisting arrest cases heard in Union County?
Most start in municipal court but are often transferred to the Superior Court, Law Division, in Elizabeth, especially if charged as a fourth-degree crime or with other indictable offenses. Your attorney will handle all court appearances.
Related Legal Resources
If you are facing other charges, our firm also handles DUI cases in Union County and federal criminal defense. For more information on New Jersey criminal defense, visit our state hub page. We also assist clients in neighboring areas like Bergen County.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current legal advice regarding your specific situation.
Your case in Union 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 Union County that is the Superior Court of NJ, Union Vicinage (12th Vicinage), 2 Broad Street, Elizabeth, NJ 07207, telephone (908) 787-1650, 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 Union 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: Union County NJ lawyers directory · Resisting Arrest Lawyer Bergen County, NJ · Resisting Arrest Lawyer Hudson County, NJ · Resisting Arrest Lawyer Monmouth County, NJ.