New Jersey criminal charge
Resisting arrest, eluding officer in New Jersey
Resisting arrest, eluding officer is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:29-2. Its classification is not fixed: New Jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:29-2.
What is the penalty for resisting arrest, eluding officer in New Jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Resisting arrest - basic — A person purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest, without flight or aggravating factors.; not a crime under the NJ Constitution (2C:1-4); municipal court) | discretionary | N.J.S.A. 2C:43-8 |
| Fine | up to $1,000 (Resisting arrest - basic — A person purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest, without flight or aggravating factors.) | discretionary | N.J.S.A. 2C:43-8 |
| Jail / prison | up to 18 months (Resisting arrest by flight — A person purposely prevents or attempts to prevent an arrest by fleeing from the officer.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Resisting arrest by flight — A person purposely prevents or attempts to prevent an arrest by fleeing from the officer.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Resisting arrest with force or risk of injury — The resisting-arrest offense (basic or by flight) involves use/threat of physical force or violence against the officer or another, or creates a substantial risk of physical injury to a public servant or another.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $15,000 (Resisting arrest with force or risk of injury — The resisting-arrest offense (basic or by flight) involves use/threat of physical force or violence against the officer or another, or creates a substantial risk of physical injury to a public servant or another.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Eluding officer - basic — A person operating a motor vehicle or vessel knowingly flees or attempts to elude a law enforcement officer after receiving a signal to stop.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $15,000 (Eluding officer - basic — A person operating a motor vehicle or vessel knowingly flees or attempts to elude a law enforcement officer after receiving a signal to stop.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Eluding officer - risk of death or injury — The flight or attempt to elude an officer while operating a motor vehicle or vessel creates a risk of death or injury to any person.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $150,000 (Eluding officer - risk of death or injury — The flight or attempt to elude an officer while operating a motor vehicle or vessel creates a risk of death or injury to any person.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is resisting arrest, eluding officer classified in New Jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Resisting arrest - basic | Disorderly Persons Offense | A person purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest, without flight or aggravating factors. | N.J.S.A. 2C:29-2undefined |
| Resisting arrest by flight | Crime of the Fourth Degree | A person purposely prevents or attempts to prevent an arrest by fleeing from the officer. | N.J.S.A. 2C:29-2undefined |
| Resisting arrest with force or risk of injury | Crime of the Third Degree | The resisting-arrest offense (basic or by flight) involves use/threat of physical force or violence against the officer or another, or creates a substantial risk of physical injury to a public servant or another. | N.J.S.A. 2C:29-2undefined |
| Eluding officer - basic | Crime of the Third Degree | A person operating a motor vehicle or vessel knowingly flees or attempts to elude a law enforcement officer after receiving a signal to stop. | N.J.S.A. 2C:29-2undefined |
| Eluding officer - risk of death or injury | Crime of the Second Degree | The flight or attempt to elude an officer while operating a motor vehicle or vessel creates a risk of death or injury to any person. | N.J.S.A. 2C:29-2undefined |
Common questions about resisting arrest, eluding officer in New Jersey
What degree of offense is resisting arrest, eluding officer in New Jersey?
It depends on the circumstances: resisting arrest, eluding officer ranges from a Disorderly Persons Offense to a Crime of the Second Degree in New Jersey under N.J.S.A. 2C:29-2.
Resisting arrest - basic: Disorderly Persons Offense (N.J.S.A. 2C:29-2) · Resisting arrest by flight: Crime of the Fourth Degree (N.J.S.A. 2C:29-2) · Resisting arrest with force or risk of injury: Crime of the Third Degree (N.J.S.A. 2C:29-2) · Eluding officer - basic: Crime of the Third Degree (N.J.S.A. 2C:29-2) · Eluding officer - risk of death or injury: Crime of the Second Degree (N.J.S.A. 2C:29-2)
What are the penalties for resisting arrest, eluding officer in New Jersey?
Which New Jersey statute covers resisting arrest, eluding officer?
Resisting arrest, eluding officer is governed by N.J.S.A. 2C:29-2 (Resisting arrest, eluding officer).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.