Resisting Arrest Lawyer in Burlington County, NJ — What Are Your Defenses?
Resisting arrest in Burlington County is a serious offense under N.J.S.A. 2C:29-2, often charged alongside other crimes and carrying penalties of up to 18 months in jail and fines. If you are facing these charges, you need a strategic defense. Law Offices Of SRIS, P.C. provides experienced legal representation for those accused of resisting arrest in Burlington County.
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 actions like pulling away, fleeing on foot, or creating physical obstacles. The charge is not limited to violent resistance; even passive resistance or failure to comply with clear commands can lead to prosecution. The severity of the charge often depends on whether the defendant created a risk of injury to the officer or anyone else.
Last verified: March 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
Official Legal Resources
For the official text of the law, refer to N.J.S.A. 2C:29-2 (official New Jersey Legislature site). For local court procedures and forms, visit the Burlington Vicinage website (New Jersey Courts .gov).
Local Court Process for Resisting Arrest Cases
Resisting arrest cases in Burlington County are typically heard in the Superior Court, Law Division-Criminal Part, located in Mount Holly. Prosecutors in this vicinage often treat resisting arrest as an aggravating factor, making plea negotiations on the underlying charge more difficult. The court follows strict timelines for discovery and motions.
- Arraignment: You will be formally charged and enter a plea of not guilty.
- Discovery: Your attorney will request all evidence, including police reports and body camera footage.
- Pre-Trial Motions: Your lawyer may file motions to suppress evidence or dismiss charges if your rights were violated.
- Plea Negotiations: Your attorney will negotiate with the prosecutor, often seeking to have the resisting charge dropped in exchange for a plea on a lesser offense.
- Trial: If no agreement is reached, your case will proceed to a jury trial where the state must prove you acted purposely.
- Sentencing: If convicted, the judge will impose penalties based on the degree of the offense and your prior record.
Potential Penalties for Resisting Arrest
In Burlington County, resisting arrest can be charged as a disorderly persons offense or a fourth-degree, third-degree, or second-degree crime, with penalties ranging from fines to years in prison.
| Offense Level | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Resisting Arrest (No Risk of Injury) | Disorderly Persons Offense | Up to 6 months | Up to $1,000 | Criminal record, possible probation |
| Resisting Arrest (Risk of Injury) | Fourth-Degree Crime | Up to 18 months | Up to $10,000 | Felony record, extended probation |
| Resisting Arrest (Using Physical Force or a Deadly Weapon) | Third-Degree Crime | 3-5 years | Up to $15,000 | Significant prison time, permanent felony record |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. Our approach is “Advocacy Without Borders,” meaning we aggressively defend our clients’ rights at every stage, from the initial police encounter through trial. We understand that a resisting arrest charge can derail your life, and we work to protect your future.
Case Results and Client Advocacy
While specific local results for resisting arrest in Burlington County are not enumerated, our firm’s extensive history across New Jersey and neighboring states demonstrates our capability in handling serious criminal defenses. We have successfully defended clients by challenging the legality of the underlying arrest, arguing lack of purposeful intent, and negotiating for charge reductions. Results may vary.
Contact Our Resisting Arrest Lawyer Near Me Burlington County
Our New Jersey location serves clients throughout Burlington County. We are accessible via the NJ Turnpike, I-295, and Route 130. If you need a resisting arrest lawyer near me Burlington County, we are here to help.
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) 651-3900
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only. We serve Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, Marlton, and surrounding communities.
Frequently Asked Questions
What is considered resisting arrest in New Jersey?
Yes. Under N.J.S.A. 2C:29-2, you can be charged if you purposely prevent or attempt to prevent an officer from making an arrest. This includes physical force, flight, or creating a substantial risk of injury. Even passive resistance or refusing to follow commands can lead to charges.
Can I be charged with resisting arrest even if the original arrest was unlawful?
It depends. New Jersey law generally allows you to resist an unlawful arrest that involves excessive force. However, this is an extremely high-risk defense that requires precise legal arguments. You should never resist and instead challenge the arrest’s legality in court with an attorney.
What are the best defenses against a resisting arrest charge?
Common defenses include: lack of purposeful intent (you were confused or scared), the underlying arrest was unlawful, the officer used excessive force justifying your reaction, or mistaken identity. An affordable resisting arrest lawyer Burlington County can evaluate the evidence to identify the strongest defense for your situation.
Will a resisting arrest charge appear on my record?
Yes. A conviction for resisting arrest, whether a disorderly persons offense or a crime, will result in a permanent criminal record. This can affect employment, housing, and professional licenses. A skilled resisting arrest lawyer Burlington County may be able to get charges dismissed or reduced to avoid this outcome.
Should I talk to the police if I’m accused of resisting arrest?
No. You have the right to remain silent. Anything you say can be used against you. Politely state that you wish to speak with an attorney and do not answer any questions. Contact a lawyer as early as possible to protect your rights.
Related Legal Resources
If you are facing other charges, our firm also handles DUI cases in Burlington County and federal criminal defense. For more information on New Jersey criminal law, visit our New Jersey Criminal Defense hub page. We also assist clients in neighboring areas like Camden County.
Page Last verified: March 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current legal guidance regarding your resisting arrest case in Burlington County.
Your case in Burlington 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 Burlington County that is the Superior Court of NJ, Burlington Vicinage (8th Vicinage), 49 Rancocas Road, Mount Holly, NJ 08060, telephone (609) 518-2500, 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 Burlington 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: Burlington County NJ lawyers directory · Resisting Arrest Lawyer Bergen County, NJ · Resisting Arrest Lawyer Hudson County, NJ · Resisting Arrest Lawyer Monmouth County, NJ.