Criminal Defense

Resisting Arrest, Eluding Officer

In Pennsylvania, Resisting Arrest or Other Law Enforcement is defined as when someone, with the intent of preventing a public servant from effecting a lawful arrest or discharging any other duty, the person creates a substantial risk of bodily injury to the public servant or anyone else, or employs means justifying or requiring substantial force to overcome the resistance. It is a misdemeanor of the second degree, with a maximum possible term of 2 years of imprisonment.

In New Jersey, a person is guilty of Resisting Arrest when he or she purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest. Flight also constitutes Resisting Arrest, and makes the crime more serious of an offense. The use or threat of physical force or violence, or the creation of a substantial risk of causing physical injury makes the offense even more serious, with stiffer penalties. Flight or eluding in a motor vehicle is also a separately-defined offense.

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