Facing charges of resisting arrest in New York can be overwhelming, leaving you feeling uncertain about what comes next. If you or a loved one has been accused of this offense, it is natural to feel anxious about the consequences and how they may impact your future. At this firm, we understand the stress and confusion that come with these charges, and we want you to know that you do not have to go through this alone. A resisting arrest charge does not mean an automatic conviction, and there are legal strategies that can be used to defend against it. With the right legal representation, you can fight back and work towards the best possible outcome for your case.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
Understanding the Charge of Resisting Arrest in New York
In New York, resisting arrest is considered a criminal offense under Penal Law Section 205.30. It occurs when a person intentionally prevents or attempts to prevent a police officer from making a lawful arrest. This charge is classified as a Class A misdemeanor, meaning that a conviction can lead to serious penalties, including jail time, fines, and a permanent criminal record. Even if the original reason for the arrest was minor, resisting arrest can escalate the situation and result in additional charges.
Resisting arrest does not require physical violence against an officer. Even actions such as pulling away, refusing to put hands behind the back, or verbally arguing with law enforcement can be interpreted as resisting. However, not every instance where a person does not immediately comply with an officer’s commands is a valid charge of resisting arrest. Police officers sometimes make mistakes or exaggerate situations, which is why it is essential to have a strong legal defense.
Legal Defenses Against Resisting Arrest Charges
There are several defense strategies that may be effective when fighting a resisting arrest charge in New York. One of the most common defenses is that the arrest itself was unlawful. If the police did not have legal grounds to detain or arrest you, then resisting that unlawful arrest cannot be considered a crime. Law enforcement must follow strict rules when making arrests, and any violation of those rules could weaken the prosecution’s case.
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Another possible defense is that the actions in question did not constitute resisting arrest. If you were merely asking questions or expressing concern about the arrest, that does not necessarily mean you were resisting. Additionally, if your movements were involuntary, such as reflexively pulling away due to fear or confusion, this could also serve as a defense.
Sometimes, police officers misinterpret situations, leading to wrongful charges. Body camera footage, surveillance videos, and witness testimony can be crucial in proving what actually happened. If law enforcement used excessive force or acted improperly during the arrest, this could also play a role in your defense.
Consequences of a Resisting Arrest Conviction
A conviction for resisting arrest can have lasting effects on your life. Since it is a misdemeanor, it carries a potential jail sentence of up to one year, probation, community service, and monetary fines. Beyond the immediate penalties, having a criminal record can make it difficult to find employment, secure housing, or apply for certain professional licenses.
Additionally, if the resisting arrest charge was connected to another offense, such as disorderly conduct or assault, the consequences can become even more severe. Multiple charges may lead to increased penalties and a more complicated legal process. This is why it is critical to address the charges with a strong defense strategy to minimize the impact on your future.
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Why Legal Representation Matters in Resisting Arrest Cases
When facing a resisting arrest charge, having a skilled attorney can make a significant difference in the outcome of the case. The legal system can be complex, and prosecutors may aggressively pursue convictions in these cases. Without proper legal guidance, individuals may unknowingly say or do things that could harm their defense. An attorney can evaluate the details of the case, gather evidence, and present arguments to challenge the prosecution’s claims.
A lawyer can also negotiate with prosecutors to potentially reduce or dismiss the charges, especially if there is weak evidence or procedural errors in the case. Many resisting arrest charges are based on subjective interpretations by law enforcement, and an attorney can work to expose inconsistencies or contradictions in the officer’s account of the events.
Steps to Take If You Have Been Charged with Resisting Arrest
If you are facing a resisting arrest charge, the steps you take next can significantly affect your case. The first and most important thing is to remain calm and avoid discussing the details of the case with anyone other than your attorney. Anything you say to the police or on social media can be used against you in court.
Case Results
Gathering evidence is also crucial. If there were witnesses present during the arrest, their statements could provide valuable insight into what actually happened. Any available video footage, such as security camera recordings or cell phone videos, may help challenge the prosecution’s version of events.
It is also important to attend all court appearances and comply with legal requirements. Failing to show up to court or ignoring legal obligations can lead to additional consequences. With the right legal representation, you can ensure that your rights are protected and that you have the best possible defense moving forward.
How This Law Firm Can Help You Fight Resisting Arrest Charges
Being accused of resisting arrest does not mean you are guilty. Every case is unique, and there are multiple ways to challenge these charges. Whether the arrest was unlawful, the charges were exaggerated, or there is a lack of evidence, there are defense strategies that can be used to fight for a favorable outcome.
At Arthur L. Pressman, Attorney at Law, we are committed to defending the rights of those accused of resisting arrest in New York. We understand how stressful and uncertain this situation can be, and we are here to guide you through the legal process. Our firm will carefully examine every detail of your case, challenge any weaknesses in the prosecution’s claims, and work towards getting the best possible result. If you or a loved one is facing this charge, contact us today to discuss your case and start building your defense.
To learn more about this subject click here: Common Mistakes to Avoid After Being Arrested in New York