Resisting arrest is a serious charge in New Jersey, but many people do not realize that it can escalate into a felony-level offense depending on the circumstances. New Jersey’s criminal code outlines several situations where resisting arrest becomes an indictable crime, which is the state’s equivalent of a felony. Understanding how the law works is essential for recognizing the potential consequences and knowing what is at stake if someone is charged.
What “Resisting Arrest” Means in New Jersey
Under New Jersey law, resisting arrest occurs when a person purposely prevents or attempts to prevent a law enforcement officer from making a lawful arrest. This can include physically pulling away, refusing to comply, running from an officer, or creating a situation where the officer cannot complete the arrest safely. New Jersey does not use the traditional terms “misdemeanor” or “felony.” Instead, charges are categorized as disorderly persons offenses (lower-level) or crimes of the second, third, or fourth degree (more serious, felony-equivalent). Resisting arrest can fall into any of these levels depending on how the person behaves during the incident.
When Resisting Arrest Becomes a Felony in New Jersey
Resisting arrest does not automatically qualify as a felony. However, certain actions elevate the charge to an indictable offense. If the resistance involves simply preventing an officer from placing someone in custody—such as stiffening arms or refusing to be handcuffed—this is typically charged as a disorderly persons offense. The situation changes once the person attempts to flee. Running away, attempting to escape, or otherwise eluding the officer raises the charge to a fourth-degree crime. This is the first level considered equivalent to a felony in terms of seriousness. The charge becomes even more severe when the resistance involves force or creates a substantial risk of injury. If a person uses or threatens physical force against the officer, or if their behavior puts someone at risk of harm, the offense becomes a third-degree crime. In the most serious situations—typically involving fleeing in a vehicle and creating a risk of death or severe injury—the charge may rise to a second-degree crime. This is one of the most serious classifications under New Jersey criminal law.
Penalties for Resisting Arrest in New Jersey
The potential penalties depend on the degree of the offense. A disorderly persons resisting arrest charge can result in up to six months in jail and fines. A fourth-degree crime carries a possible sentence of up to 18 months in state prison. A third-degree crime may result in a prison term of three to five years, along with significant fines. Second-degree resisting arrest or eluding generally involves five to ten years in prison. Regardless of the degree, any conviction creates a criminal record that can affect employment, licensing, travel, and future opportunities.
Why the Distinction Matters
People often assume resisting arrest is a minor charge, but New Jersey law treats certain actions very seriously. Something as simple as running away from an officer can push the charge into felony territory. Using force, struggling, or acting in a way that endangers others significantly increases the stakes. It is also important to note that claiming an arrest was unlawful is not usually a defense to resisting arrest. Courts often focus on how the person reacted, not whether the officer’s decision was correct. This can surprise defendants who believe they were being wrongfully detained but reacted physically or attempted to flee.
Key Points to Remember
Resisting arrest is not always a felony in New Jersey, but it can become one depending on the behavior involved. Fleeing elevates the charge to a fourth-degree crime, while using force or creating danger raises it to a third-degree crime or higher. Penalties range from six months in jail to several years in state prison. The seriousness of the charge depends entirely on the person’s actions during the encounter.
Conclusion
In New Jersey, resisting arrest can carry life-altering consequences, especially when the behavior escalates the situation into an indictable offense. Understanding the law helps individuals recognize the risks and the importance of handling such situations carefully. Anyone facing a resisting arrest charge should seek legal guidance immediately, as the consequences can be severe and long-lasting.