Ratliff Jackson LLP

Resisting Arrest

Charged with Resisting Arrest? Protect Your Rights Before It’s Too Late

Resisting arrest charges often stem from misunderstandings, fear, or self-defense during an encounter with law enforcement. Unfortunately, these charges are frequently exaggerated or used to justify police misconduct and excessive force. Even if no other crime was committed, a resisting arrest conviction can lead to jail time, fines, and a permanent criminal record that affects employment, housing, and civil rights.

At Ratliff Jackson LLP, we know that not every confrontation with law enforcement should lead to a criminal charge. Many individuals are wrongfully accused when they were simply questioning their arrest, moving reflexively, or trying to protect themselves from harm.

We provide aggressive legal defense for those facing unlawful arrest, excessive force situations, and wrongful accusations in New Jersey and Pennsylvania. Our goal is to challenge the prosecution’s case, protect your rights, and fight for a dismissal or reduction of charges.

If you are facing resisting arrest charges, contact us immediately for a confidential consultation.

Resisting Arrest Charges Are Often Misused—Here’s Why You Need Legal Help

Resisting arrest is broadly defined under New Jersey and Pennsylvania law as obstructing, interfering with, or using force against a law enforcement officer attempting to make an arrest. However, many people are wrongfully charged due to overzealous policing, self-defense actions, or misinterpretation of events. Law enforcement officers often escalate situations unnecessarily, leading to charges that don’t reflect what actually happened.

Common Reasons for Resisting Arrest Charges

  • Verbally Questioning or Arguing with Police – Officers may interpret any verbal disagreement or attempt to explain yourself as defiance. Even calmly asserting your rights can be mischaracterized as resisting arrest.
  • Pulling Away or Tensing Up During Arrest – A reflexive movement or natural reaction to being grabbed can be misconstrued as intentional obstruction, even when there was no intent to resist.
  • Refusing to Comply with Verbal Commands – If someone doesn’t immediately respond to shouted orders—due to confusion, fear, or not hearing the command—officers may claim they were actively resisting.
  • Struggling During Handcuffing – Many people instinctively react to pain or discomfort while being handcuffed. This normal response is often misinterpreted as intentional resistance.
  • Running or Attempting to Leave the Scene – If someone walks away or moves during an encounter with police, even out of fear, officers may claim they were attempting to evade arrest.
  • Self-Defense Against Excessive Force – If an officer uses unnecessary or brutal force, individuals may react instinctively to protect themselves. Unfortunately, the legal system often punishes victims of police violence instead of holding officers accountable.
  • False Allegations by Law Enforcement – Some officers use resisting arrest charges to justify excessive force, wrongful detainment, or violations of constitutional rights. These cases often involve little to no evidence beyond the officer’s word.

Why You Need a Resisting Arrest Defense Lawyer

A resisting arrest charge isn’t just about what happened—it’s about what the prosecution can prove. Without strong legal representation, you could face:

  • Jail time and heavy fines
  • A permanent criminal record affecting employment and housing
  • Additional charges based on exaggerated claims by law enforcement

At Ratliff Jackson LLP, we challenge weak evidence, expose police misconduct, and fight back against wrongful charges. If you or a loved one is facing resisting arrest allegations, contact us today for a confidential consultation.

The Consequences of a Resisting Arrest Conviction Can Change Your Life

A resisting arrest conviction can carry severe penalties, even if no other crime was committed. Prosecutors often stack charges, adding offenses like assault, obstruction, or disorderly conduct to increase potential sentencing. Without a strong legal defense, you could face jail time, a criminal record, and long-term consequences that affect your future.

Potential Penalties for Resisting Arrest

  • Misdemeanor Resisting Arrest – Up to one year in jail, fines, and probation. Even for first-time offenders, courts take these charges seriously.
  • Felony Resisting Arrest – If violence, injury, or weapons are involved, resisting arrest can be charged as a felony, leading to several years in prison and a permanent criminal record.
  • Enhanced Penalties for Additional Charges – If resisting arrest is combined with assault, obstruction of justice, or disorderly conduct, penalties can increase significantly.
  • Permanent Criminal Record – A conviction can impact job opportunities, professional licensing, security clearances, and future legal matters.
  • Additional Consequences – Courts may impose restraining orders, loss of firearm rights, and even immigration consequences for non-citizens.

Why You Need an Aggressive Defense

Prosecutors and law enforcement often overcharge individuals in resisting arrest cases. Many arrests result from misunderstandings, excessive force by police, or reflexive movements mistaken for resistance.

At Ratliff Jackson LLP, we challenge unlawful charges, expose inconsistencies in the evidence, and fight to have cases dismissed or reduced. A resisting arrest charge does not have to define your future, but you must take action now.

Contact us today for a confidential consultation and start protecting your rights.

Wrongfully Charged with Resisting Arrest? We’re Here to Defend You

  • Individuals Accused of Resisting Arrest Due to Misunderstandings – Many people are charged with resisting arrest because they were confused, scared, or unaware that they were being arrested. Sudden movements, asking questions, or reacting out of fear can be misinterpreted as resistance. We provide legal defense to challenge wrongful accusations and misinterpretations.
  • People Facing Resisting Arrest Charges During an Unlawful Arrest – If law enforcement lacked probable cause, used excessive force, or otherwise violated your rights, we fight to expose police misconduct and challenge the legitimacy of the arrest.
  • Individuals Accused of Resisting Arrest While Acting in Self-Defense – Many people instinctively react when officers use unnecessary force, applying painful holds, strikes, or tasers. We defend individuals who were not resisting but trying to protect themselves from harm.
  • Protesters & Activists Charged with Resisting Arrest – Law enforcement often targets peaceful demonstrators, wrongfully charging them with resisting arrest as a way to justify their detention. We defend activists who were arrested while exercising their First Amendment rights.
  • People Facing Multiple Charges Alongside Resisting Arrest – Prosecutors frequently add resisting arrest charges to cases involving assault, disorderly conduct, or obstruction. These stacked charges often exaggerate the situation and increase penalties. We provide a strategic defense to fight against overcharging.

If you or a loved one is facing resisting arrest charges, Ratliff Jackson LLP is ready to defend your rights. Contact us today for a confidential consultation.

Frequently Asked Questions

What qualifies as resisting arrest under New Jersey & Pennsylvania law?      
Resisting arrest includes any action that delays, obstructs, or interferes with law enforcement during an arrest. Common examples include pulling away, running, refusing verbal commands, or struggling during handcuffing. Even reflexive or defensive movements can lead to charges.

What are the penalties for resisting arrest?

  • Misdemeanor resisting arrest – Fines, probation, and up to one year in jail.
  • Felony resisting arrest – Harsher penalties, including long-term imprisonment, if force, injury, or a weapon is alleged.

Can I be charged with resisting arrest if the arrest was unlawful?        
Yes. Even if an arrest is later ruled unlawful or unconstitutional, you can still be charged with resisting. However, courts may dismiss or reduce charges if police lacked probable cause or used excessive force.

What are common defenses for resisting arrest charges?

  • Unlawful Arrest – The officer had no legal reason to detain or arrest you.
  • Excessive Force – You reacted to police brutality or unnecessary aggression.
  • No Intent to Resist – Your movements were misinterpreted as resistance.
  • Lack of Evidence – The prosecution cannot prove beyond a reasonable doubt that you intentionally resisted.

Can I fight a resisting arrest charge if I was scared and panicked?      
Yes. Many individuals charged with resisting arrest were simply confused, frightened, or unaware of what was happening. If there was no deliberate intent to resist, an attorney can challenge the charges.

Does resisting arrest always involve physical struggle?  
No. You can be charged even if you never touched an officer. Simply refusing to follow commands, walking away, or verbally questioning an officer may lead to charges.

What should I do if I’m charged with resisting arrest?

  • Do NOT argue with police or physically resist further—stay calm and comply.
  • Remain silent—anything you say can be used against you.
  • Contact a resisting arrest lawyer immediately to review your case and build a defense.

Can I get a resisting arrest charge dismissed?     
Yes. Many resisting arrest cases rely on weak or exaggerated evidence. If the arrest was unlawful, there was no criminal intent, or police used excessive force, your lawyer may argue for dismissal or reduction of charges.

Will a resisting arrest conviction stay on my record?      
Yes, unless it is expunged or sealed. A conviction can affect employment, housing, firearm rights, and immigration status. A lawyer can help determine if expungement is possible.

How soon should I contact a lawyer if I’m facing resisting arrest charges?     
Immediately. Early intervention is critical in resisting arrest cases. The sooner you have an attorney, the better your chances of challenging the charges, protecting your record, and avoiding severe penalties.

If you’ve been charged with resisting arrest, contact Ratliff Jackson LLP today for a confidential consultation and start protecting your future.

Take the First Step Towards Preparing Your Defense

A resisting arrest charge can have serious, lasting consequences on your freedom, career, and reputation. Even if the arrest was unlawful, based on a misunderstanding, or involved excessive police force, you could still face jail time, fines, and a permanent criminal record. Prosecutors often push for the harshest penalties, making it critical to have an aggressive legal defense.

At Ratliff Jackson LLP, we fight to expose weaknesses in the prosecution’s case, challenge wrongful accusations, and protect your future. Whether you were falsely accused, acted in self-defense, or were simply misunderstood, we will work tirelessly to get your charges reduced or dismissed.

Do not wait to defend yourself. The sooner you act, the stronger your case will be.

Contact us today for a confidential legal consultation and take the first step in protecting your rights.

 

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