College students are commonly charged with resisting arrest, especially in scenarios that involve parties or sporting events. It only takes seconds for an interaction with the police to spiral out of control, potentially leading to misdemeanor or even felony charges. For a student at Rowan University, a criminal charge can spell disaster, creating a risk of suspension or even expulsion. Even more seriously, there is a risk of incarceration and other criminal penalties. A conviction will also create a criminal record, which can make it much harder to get hired – especially in competitive industries where employers receive huge numbers of applications.
If your son or daughter was charged with resisting arrest at Rowan University, your family needs compassionate guidance and aggressive representation from a skilled and experienced defense attorney for college students in New Jersey. Serving students and their families, the Glassboro resisting arrest lawyers at the Law Offices of John J. Zarych are dedicated to protecting your child’s rights and minimizing the damage an arrest can bring. To set up a free legal consultation, contact us online, or call the Law Offices of John J. Zarych 24 hours at (609) 616-4956.
What is Resisting Arrest in NJ?
The New Jersey resisting arrest statute is N.J.S.A. § 2C:29-2, which calls the offense “resisting arrest, eluding officer.” The statute describes several scenarios that can lead to charges of resisting arrest. The following actions constitute resisting arrest as it is defined by N.J.S.A. § 2C:29-2:
- Fleeing from a police officer who is attempting to make an arrest
- Preventing, or trying to prevent, a police officer from arresting somebody
- Interfering with or fleeing from an arrest while using, or threatening to use, physical force or violence
Is Resisting Arrest a Felony in NJ?
Unlike most states, New Jersey does not use the words “felony” and “misdemeanor” to describe crimes. The most serious offenses – those that would be labeled felonies in other states, such as rape and murder – are called “indictable crimes” in New Jersey. Indictable crimes are divided into four groups: fourth degree crimes, third degree crimes, second degree crimes, and first degree crimes. The lower the number, the greater the maximum penalties. Less serious offenses that would be labeled misdemeanors in other states are called “disorderly persons offenses” in New Jersey.
Under N.J.S.A. § 2C:29-2, resisting arrest can be a disorderly persons offense (misdemeanor) or an indictable crime (felony), depending on the alleged circumstances. If the defendant is accused of deliberately preventing or trying to prevent an arrest, it is generally a disorderly persons offense. If the defendant is accused of trying to prevent an arrest “by flight,” resisting arrest is generally a fourth degree crime. However, if the defendant “[u]ses or threatens to use physical force or violence,” or does anything else that creates a major risk of injury to the officer, the offense is a third degree crime.
NJ Penalties for Resisting Arrest or Eluding a Police Officer
Penalties for resisting arrest depend on factors that vary from case to case, including the defendant’s criminal history, the details of the alleged offense (such as whether the defendant used violence), and whether the defendant was a legal adult at the time of the alleged offense. Criminal penalties for resisting arrest are as follows in New Jersey:
- If the offense was a disorderly persons offense, the maximum fine is $1,000, and the maximum jail sentence is six months.
- If the offense was a crime of the fourth degree, the maximum fine is $10,000, and the maximum prison sentence is 18 months.
- If the offense was a crime of the third degree, the maximum fine is $15,000, and the maximum prison sentence is five years (60 months).
Not only can the court impose fines and sentence the defendant to prison – in addition, the New Jersey DMV can suspend the defendant’s license for a period of up to two years, depending on the specific details of the case.
Glassboro Resisting Arrest Lawyer for College Students at Rowan University
A student who violates the Rowan University Student Code of Conduct may have to appear at various disciplinary or academic hearings, and risks being suspended or even permanently expelled. Of even greater concern are the criminal penalties, which in some cases, may include up to five years of prison time.
The bottom line is that resisting arrest charges are serious, even for minors with clean criminal records. Both the courts and the University can impose severe penalties, setting back all the hard work and progress your son or daughter has made toward their goals. Get tough by hiring an effective and trusted attorney for resisting arrest charges at Rowan, like the criminal lawyers at the Law Offices of John J. Zarych. Call today at (609) 616-4956 to set up a free legal consultation, or contact us online.
