State v. Brannon

This criminal appeal requires us to examine the requirement in N.J.S.A. 2C:29-2a(3)(a) that “physical force or violence” be used or threatened against a police officer or another in order to convict for third-degree resisting arrest. Defendant Steven Brannon claims that the use or threatened use of physical force or violence must create or threaten to create a substantial risk of causing physical injury. Because the jury instruction given here did not contain such a direction, defendant contends his conviction must be reversed. The Appellate Division agreed. State v. Brannon, 358 N.J.Super.…