Is Resisting Arrest a Felony? - Adam M. Lustberg

BSPE Legal Marketing Podcast

From Lustberg Law Offices, LLC - The podcast explores the article Is Resisting Arrest a Felony?, diving into how New Jersey classifies and handles resisting arrest charges. Resisting arrest can be a disorderly persons offense, similar to a misdemeanor, or escalate to an indictable offense, comparable to a felony in other states. The discussion highlights the legal criteria for these charges, including scenarios where resistance involves physical force, threats of violence, or creates a risk of serious injury. These distinctions play a critical role in determining penalties, which can range from six months in jail for a disorderly persons offense to up to five years in prison for a third-degree crime.
The episode examines the consequences of a conviction, including potential fines of up to $15,000 and the loss of civil rights such as voting and firearm ownership. It also addresses how felony convictions can impact employment, parental rights, and immigration status. The role of intent in resisting arrest charges is a focal point, as it significantly affects the classification and defense strategies. Listeners will gain insights into how these legal nuances shape the outcomes of such cases and the importance of early legal intervention.
Two primary defense strategies are discussed: unlawful arrest and self-defense against excessive force. The podcast delves into situations where procedural errors or a lack of probable cause may justify an unlawful arrest defense, as well as when self-defense might be argued if law enforcement used unnecessary force. These defenses emphasize the importance of having knowledgeable legal representation to challenge the charges and advocate effectively for the accused.
Finally, the podcast underscores how Lustberg Law Offices, LLC can help individuals facing resisting arrest charges navigate the legal process, from analyzing arrest details to building a solid defense. The attorneys at Lustberg Law Offices, LLC are committed to protecting clients’ rights and pursuing favorable outcomes, whether the charges involve a disorderly persons offense or an indictable offense. Contact Lustberg Law Offices, LLC for a consultation and take the first step toward resolving your case.
Lustberg Law Offices, LLC
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