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

By Thomas Cooper


There are a lot of people who have strong feelings about some of the policies and attitudes taken by the current administration. This can cause them to make signs, attend rallies, and take to the streets. Sometimes when law enforcement tries to break up a demonstration innocent protesters are accused of resisting arrest NJ officers threaten them with.

You can be accused if you do not obey an officer's instructions exactly in the middle of a tense situation. If you are seen as a resistor, you can be arrested and jailed although what you did was not really unlawful. You need to understand that it is up to the prosecution to prove a case against you. They must prove that you understood the individual you had the conflict with was in fact a real police officer. The prosecution must prove the officer acted legally and your behavior was intentional.

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.

You could argue that the police report did not accurately state the facts. Openly accusing a police officer of lying can backfire on you though. It is a better idea to present your case as one in which you state that the report distorts the facts as you remember them.

There is an argument that there was no threat, or the potential for harm, on your part. If you attempted to run away, or were yelling at the officer, without actually causing harm, you probably have a case. In any event you will need the services of an experienced lawyer to represent you.




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