If you are charged with resisting arrest in New York, it’s crucial to understand the potential penalties you can face and the available defenses. Resisting arrest is a serious offense that involves preventing or attempting to prevent a law enforcement officer from carrying out their duties. Please continue reading as we explore what you should know about these matters, and contact our experienced Nassau County Criminal Defense Attorneys today for guidance.
What is Resisting Arrest?
Under New York Penal Law § 205.30, resisting arrest occurs when a person intentionally prevents or attempts to prevent a police officer from effecting an authorized arrest of themselves or another person. Essentially, the law requires that the person’s actions were made consciously and purposefully to hinder the arrest. For example, trying to evade the officer or pulling your hands away can all warrant charges.
It’s important to note that the arrest must be authorized by law. However, even if the arrest is unlawful, violent resistance is not justified and could result in charges of assault. In addition, verbal opposition doesn’t constitute a resisting arrest charge. To be a valid offense, that act must be physical or violent towards the arresting officer.
Is This a Criminal Offense?
In New York, resisting arrest is typically classified as a Class A misdemeanor. This is the highest level of misdemeanor in the state, carrying potetnial penalties of up to one year in jail, probation, and fines of up to $1,000. However, it can be upgraded to a Class E felony if this is your second violation within five years. A Class E felony carries a maximum sentence of four years, probation, and fines of up to $5,000.
You should note that resisting arrest can lead to additional charges. For instance, if you injured the officer during the arrest, you may face assault charges, which is generally a Class C violent felony.
What Defenses Are Available?
There are several defenses to a resisting arrest charge in New York. These include claiming the arrest was unlawful. The police officer must have reasonable suspicion to believe a crime has been committed before making an arrest. If they lacked probable cause, any subsequent resistance may be viewed as a response to an illegal detention. A skilled criminal defense attorney can challenge the legality of the arrest.
Depending on the circumstances, you may argue self-defense against excessive force. If the police officer used unreasonable force during an arrest, you have the right to defend yourself. A criminal defense attorney can argue that the defendant’s actions were a response to the excessive force, not a conscious attempt to resist.
Given the severity of the charge and potential consequences, anyone facing a resisting arrest charge in New York should seek legal counsel immediately. At KCS Law, we are prepared to examine the circumstances of the arrest, identify defenses, and guide you throughout the legal process. Connect with our firm today to learn how we can fight for you.
