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
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.