Hackensack, NJ - New Jersey criminal defense lawyer Adam M. Lustberg of Lustberg Law Offices, LLC ( ) released a public guidance clarifying whether resisting arrest is treated as a felony in New Jersey and how charges are graded under state law. The update addresses common misconceptions, outlines potential exposure for defendants, and explains why early legal intervention often shapes outcomes in matters involving allegations of resisting or obstructing an officer.

Under New Jersey's framework, resisting arrest can range from a disorderly persons offense to an indictable offense depending on the conduct involved. The guidance explains that simple resistance without force typically constitutes a disorderly persons offense, while conduct involving flight from an officer can be charged as a fourth-degree crime. Actions creating a substantial risk of injury or involving physical force may rise to a third-degree crime. New Jersey criminal defense lawyer Adam M. Lustberg emphasizes that the charge classification turns on specific facts such as threats, physical contact, and risk to officers or bystanders. The clarification further distinguishes resisting arrest from eluding, a separate offense that often arises in vehicle stops and may carry more severe exposure when public safety is endangered.

The release also addresses penalties and collateral consequences that accompany a conviction. Third-degree crimes may carry three to five years of imprisonment and fines up to $15,000, while fourth-degree crimes may carry up to 18 months of imprisonment and fines up to $10,000. A disorderly persons conviction can result in up to six months in jail and monetary penalties under the code. Beyond sentencing, the guidance highlights potential impacts on background checks, licensing, immigration status, and employment screening. Where eligible, expungement may provide a path to relief after prescribed waiting periods and compliance with statutory criteria. New Jersey criminal defense lawyer Adam M. Lustberg notes that case assessments commonly examine probable cause, officer identification, and proportionality of force, as well as the distinct elements separating resisting arrest from eluding.

Adam M. Lustberg's background includes more than a decade of courtroom advocacy across New Jersey's criminal courts. His record includes representation in 30-plus detention hearings under state criminal justice reforms, service with the Essex County Public Defender's Office and Seton Hall's Juvenile Justice Clinic, and recognition by Super Lawyers Rising Stars across six consecutive years. Additional distinctions include listings among Bergen's Best Lawyers and National Trial Lawyers Top 100, along with a 10/10 Avvo rating. Professional memberships include the American Bar Association, New Jersey State Bar Association, Bergen County Bar Association, and the Association of Criminal Defense Lawyers of New Jersey. The firm's guidance underscores practical considerations that frequently drive charging decisions, plea posture, and litigation strategy in resisting arrest matters.

Members of the public seeking case-specific analysis related to resisting arrest or eluding may contact Lustberg Law Offices, LLC at (201) 880-5311 for a confidential consultation. The firm provides prompt case reviews, clear explanations of charge grading, and strategic planning aligned with individual goals. Jersey criminal defense lawyer Adam M. Lustberg and the team remain available to discuss actionable next steps following an arrest or investigation.

About Lustberg Law Offices, LLC:

Lustberg Law Offices, LLC is a New Jersey criminal defense firm serving clients throughout Bergen, Hudson, Essex, and surrounding counties, as well as statewide. The practice handles indictable offenses and disorderly persons matters, including resisting arrest, eluding, assault, drug offenses, theft, white-collar investigations, DUI, DWI, domestic violence, and post-judgment relief. The firm focuses on timely intervention, thorough case development, and advocacy tailored to the facts and procedural posture of each matter. For consultations, call (201) 880-5311 or visit the firm online to request an evaluation.

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