Resisting Arrest

Resisting Arrest in New Jersey

What the Charge Means – and How Mark Bailey Can Help

In New Jersey, Resisting Arrest is a criminal offense that often gets added on top of other charges after a tense encounter with police. What many people don’t realize is that you can be convicted of resisting even if you believe the arrest was unfair or flat-out wrong. Under N.J.S.A. 2C:29-2(a), it’s a crime to purposely prevent or attempt to prevent a law enforcement officer from making an arrest.

Resisting arrest can be charged as:

• A disorderly persons offense

• A fourth-degree crime (felony)

• Or a third-degree crime (felony)

depending on whether the allegation involves simple non-compliance, flight, or force / risk of injury.

If you or a loved one has been charged with resisting arrest in New Jersey, you’re not just fighting a “tag-on” charge—you’re dealing with something that can mean jail, a felony record, and serious collateral consequences.

How Attorney Mark Bailey Approaches Resisting Arrest Cases

Attorney Mark Bailey understands how quickly a situation with police can spiral—often fueled by fear, confusion, panic, or miscommunication rather than an actual intent to “fight” the police.

He takes a selective, hands-on approach, limiting the number of serious criminal matters he accepts so he can:

• Obtain and review body-cam, dash-cam, and surveillance video

• Compare video to the police reports and any civilian witness accounts

• Analyze whether your conduct truly fits the legal definition of resisting arrest

• Look closely at injury claims and any companion charges (like disorderly conduct or assault on an officer)

• Build a strategy aimed at dismissing or downgrading the resisting charge and protecting your record

His goal is to show the court the full story—not just a one-sided snapshot from the police report.

The Law: N.J.S.A. 2C:29-2(a) – Resisting Arrest

Under N.J.S.A. 2C:29-2(a), a person commits resisting arrest when they purposely prevent or attempt to prevent a law enforcement officer from making an arrest. Common examples include:

• Pulling your arms away or tensing up so handcuffs can’t be applied

• Physically struggling, pushing, or wrestling with officers

• Running or fleeing on foot after officers tell you that you’re under arrest

• Ignoring repeated commands to put your hands behind your back or remain still

An important and harsh part of the statute:

It is not a defense that the officer was acting unlawfully in making the arrest, as long as the officer was acting under color of official authority and announced the intention to arrest.

In other words: you generally cannot beat a resisting charge by arguing the arrest itself was illegal—that fight has to happen through motions and legal challenges, not on the street.

Degrees of Resisting Arrest & Penalties

New Jersey breaks resisting arrest into several levels, with very different consequences.

1. Disorderly Persons Resisting – N.J.S.A. 2C:29-2(a)(1)

You can be charged with a disorderly persons offense if you purposely prevent or attempt to prevent an officer from making an arrest without fleeing or creating a big safety risk.

Examples:

• Pulling away, going limp, or minor struggling

• Refusing to give your hands, but no running or force

Potential penalties:

• Up to 6 months in county jail

• Fines up to $1,000

• Probation, court costs, and other conditions

• A criminal record that can appear on background checks

2. Fourth-Degree Resisting by Flight – N.J.S.A. 2C:29-2(a)(2)

It becomes a fourth-degree crime (a felony) if you resist arrest by flight—for example, by running away from officers trying to arrest you.

Examples:

• Taking off on foot when officers tell you you’re under arrest

• Taking steps to hide or duck around corners after an officer announces an arrest

Potential penalties:

• Up to 18 months in New Jersey State Prison

• Fines up to $10,000

• Felony record (indictable offense) with long-term consequences for jobs, licensing, and immigration

3. Third-Degree Resisting – Force or Risk of Injury – N.J.S.A. 2C:29-2(a)(3)

An offense under (a)(1) or (a)(2) is bumped up to a third-degree crime if, during the resisting, the person:

• Uses or threatens to use physical force or violence against the officer or another person, or

• Creates a substantial risk of causing physical injury to the officer or another person

Examples:

• Swinging, punching, kicking, or tackling an officer

• Fleeing in a way that nearly causes injury (e.g., pulling an officer down stairs, struggling in moving traffic)

Potential penalties:

• 3 to 5 years in New Jersey State Prison

• Fines up to $15,000

• Felony record with no automatic presumption of no jail, even for first-time offenders

Resisting Arrest vs. Obstruction – What’s the Difference?

New Jersey also has a separate offense called Obstructing the Administration of Law under N.J.S.A. 2C:29-1, which applies more broadly to interference with law enforcement or other public servants, not just during an arrest.

• Resisting arrest (2C:29-2) focuses on preventing an arrest itself.

• Obstruction (2C:29-1) can involve blocking investigations, interfering with public functions, or creating obstacles, even when no arrest is happening.

A good defense lawyer may be able to argue that conduct charged as “resisting” is more properly viewed (and punished) as simple obstruction or even a lesser municipal offense.

Common Companion Charges

In many cases, resisting arrest comes packaged with other charges, such as:

• Disorderly conduct (2C:33-2)

• Simple or aggravated assault on a police officer (2C:12-1)

• Obstruction (2C:29-1)

• Public intoxication-related offenses or local ordinances

The combined exposure from these charges can be serious—and sometimes the resisting count is the main thing standing in the way of a much better overall resolution.

Defenses & Strategies in Resisting Arrest Cases

Every case is different, but some major defense themes and strategies include:

1. Lack of “Purposeful” Resistance

The State has to show you purposely tried to prevent the arrest—not that you were just startled, confused, or reacting reflexively.

• Flinching, pulling away for a moment, or being off-balance doesn’t automatically equal purposeful resistance.

• Panic, intoxication, or fear can create movements that look aggressive on paper but aren’t purposeful attempts to stop the arrest.

2. You Didn’t Understand You Were Being Arrested

Sometimes people believe:

• They’re just being questioned or patted down

• The officer is simply moving them out of a crowd

• Commands weren’t clearly heard in a loud or chaotic environment

Video, audio, and witness accounts can be crucial here.

3. Challenging the Level of the Charge

Even if some resistance occurred, the State still must prove:

• That you actually fled to justify a fourth-degree crime; and/or

• That you used/threatened force or created a substantial risk of injury to justify a third-degree crime.

Often, a key defense goal is to knock a third-degree or fourth-degree felony down to a disorderly persons offense or have it dismissed outright.

4. Video vs. Report

Body-cam and dash-cam can sometimes contradict or soften what’s written in the police report—for example:

• The report describes “violent flailing,” but video shows brief, minor resistance.

• The report claims “high-speed flight,” but the video shows a short, low-risk move away from officers.

Mark Bailey carefully compares video, reports, medical records, and civilian witness statements to push back on exaggerated claims.

5. Underlying Arrest & Motions Practice

While it’s generally not a defense to resisting that the arrest was unlawful, a bad underlying arrest can still matter for:

• Motions to suppress evidence in the companion case

• Plea negotiations (e.g., dismissing resisting if the main charge is weak or tossed)

• Overall credibility of the officers involved

A comprehensive strategy looks at both the resisting charge and the underlying case.

Why You Shouldn’t “Just Plead Guilty” to Resisting

Resisting arrest might sound minor compared to a DWI, drug, or assault charge—but it can:

• Turn a low-level case into a felony record

• Make judges and prosecutors see you as “non-compliant” or “dangerous”

• Hurt you with future employers, licensing boards, and immigration authorities

Before you plead to anything, it’s smart to talk with an attorney who can:

• Explain what degree you’re actually facing

• Evaluate video and reports for defenses

• Work to dismiss, downgrade, or resolve the charge in a way that protects your record as much as possible

The Law Office of Mark A. Bailey is committed to:

• Carefully reviewing the facts and video in your case

• Challenging overblown allegations and unnecessary felony charges

• Fighting for reduced charges, dismissals, or alternative resolutions that limit jail time and protect your future

Contact Mark Bailey today for a confidential consultation to discuss your resisting arrest charge, your rights, and the best strategy for moving forward.