Resisting Arrest (PL 205.30) Defense Lawyer - NYC

What is resisting arrest?

You can be charged with resisting arrest if you intentionally prevent or attempt to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person. In New York, resisting arrest is a class A misdemeanor punishable by up to 364 days in jail.

Resisting arrest is often, but not always, charged along with another offense because it typically happens when the police attempt to arrest someone for a certain thing and then that person resists the arrest. For example, if John Doe is being arrested for DWI and during that arrest he pulls away from the police and refuses to place his hands behind his back, he may end up being arrested for the DWI and also resisting arrest. A resisting arrest charge must be proven separately from any other charge. So, if the prosecutor is trying to prove in the example above that John was driving while intoxicated, they must also prove that John resisted arrest. If the prosecutor fails to convince a jury that John was intoxicated, the prosecutor may still win on the resisting arrest charge if the jury believes that John refused to place his hands behind his back.

Resisting arrest can be charged even if you are only trying to stop the police from arresting someone else. For example, if you see your friend Ralph being handcuffed and you come over and push the police away from Ralph, you may be charged with resisting arrest in that you improperly attempted to stop the police from arresting your friend.

Also, you can be charged with resisting arrest even if you are innocent of the thing you are being arrested for. For example, if someone calls the police and falsely claims that you robbed a bank, you can be arrested and later convicted of resisting arrest if you resisted arrest for bank robbery even if it is later shown that you didn’t rob the bank.

Resisting arrest penalties

Resisting arrest is a class A misdemeanor which is punishable as detailed below

  • Up to 364 days in jail
  • Probation for 2-3 years
  • Up to $1,000 fine per class A misdemeanor
  • Permanent criminal record

Resisting Arrest Defense Lawyer

When defending a resisting arrest case, Lance Fletcher, a former Manhattan Prosecutor, analyzes the evidence to see if you were properly arrested for this charge. We can obtain video from body cameras and witness statements to look for inconsistencies. Oftentimes, we’re able to resolve resisting arrest charges without jail and without a criminal record. If you or a loved one has been arrested for resisting arrest, contact us for a case evaluation.

Statute:

Resisting arrest

New York Penal Law § 205.30 Resisting arrest.

A person is guilty of resisting arrest when he intentionally prevents
or attempts to prevent a police officer or peace officer from effecting
an authorized arrest of himself or another person.

Resisting arrest is a class A misdemeanor.

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