John W. Tumelty Logo

Available 24/7

609.385.4010

Former prosecutor

Now fighting for you.

New Jersey Criminal Defense and DUI attorney
who knows how to navigate the local courts.

Former State Prosecutor and Criminal Trial Attorney

Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for over 30 years

View Criminal Defense ResultsView DWI Defense Results Free Consultation

Atlantic City Criminal Defense Attorney Fights Resisting Arrest Charges Across New Jersey

If you are being arrested, and you tryg to break loose, running away or pulling away from a police officer is a crime. This is known as Resisting Arrest (or eluding arrest) and punishments can be quite serious. However, it has to be proven that you were purposely planning to avoid being arrested when you ran away or pulled away. This is where having an experienced criminal defense attorney comes in. There is a long line of defenses for resisting arrest, and the legal team at the Law Offices of John W. Tumelty is no stranger to putting these defenses to good use.

Mr. Tumelty is a skilled criminal defense attorney with over 30 years experience working with clients in Atlantic City, Cape May, Wildwood, Little Egg Harbor, Hamilton, Egg Harbor Township, and Ocean County, and throughout New Jersey. His experience as a former prosecutor enables him to see every case from both sides. If you have been charged with resisting arrest, it is very important to hire the right attorney. There is no substitute for knowledge and experience. Mr. Tumelty will fight aggressively to protect your rights and keep you out of jail. He will make sure that you get the best possible outcome for your situation.

How Serious is a Resisting Arrest Charge in New Jersey?

The act of resisting arrest (2C:29-2 Resisting Arrest, Eluding Officer) could be a  disorderly persons offense or a felony charge depending upon the facts in Atlantic, Cape May and Ocean counties and throughout the entire state of New Jersey. If the charge is a disorderly person’s offense, it carries up to six months in county jail if found guilty.

  • If you resist arrest by running away from law enforcement, the charge can be elevated to a fourth degree crime. Running away is known as “fleeing” and can land you in prison for up to 18 months.
  • If you threaten violence to a police officer, the crime will be elevated even further to the third degree. A third degree crime can mean up to five years in prison.
  • Just as running away on foot is a crime, so is using a motor vehicle to flee. If you flee in a motor vehicle after being ordered to come to a complete stop, it constitutes resisting arrest and is a third degree crime. If, however, you put others in danger while fleeing in a motor vehicle, the charge can be elevated to a second degree crime. This could land you in prison for up to 10 years.

The bottom line – resisting arrest is a serious matter and should not be taken lightly. Whether or not you actually resisted arrest is very subjective in nature. It is not up to hard evidence, but rather the opinion of law enforcement and eye witnesses. For example, an officer may claim you were trying to resist arrest, but if you were wriggling around because you were in pain or fearing for your safety, you have a very strong argument. For this reason, having a skilled attorney who knows how to find weaknesses in the prosecution’s case is invaluable. Mr. Tumelty has successfully defended countless criminal cases, including charges for resisting arrest.

Contact the Law Offices of John W. Tumelty if You Have Been Charged with Resisting Arrest for a Free Consultation

At the Law Offices of John W. Tumelty, we have experience with even the most difficult criminal cases. Our experience, understanding and knowledge have allowed us to successfully defend clients in all types of criminal cases for over 30 years. With offices in Atlantic City, Marmora and Somers Point, Mr. Tumelty represents people facing all types of criminal charges.

If you or someone you love has received any type of criminal charge, contact Mr. Tumelty today for a free consultation. You may call our office at 609.385.4010 or fill out our contact form to request your free consultation with Mr. Tumelty today.

Free Consultation

  • * Indicated a required field