NY Resisting Arrest Attorney

In New York City, resisting arrest charges can be a scary experience. You’re facing whatever the original charges were and additional charges for resisting arrest. When fines, jail time, and a permanent criminal record are on the line, hiring skilled legal counsel is a must.

However, you have rights, and a criminal charge doesn’t mean you are guilty. As a former prosecutor, New York criminal defense attorney Mehdi Essmidi knows the ins and outs of these cases from both sides of the courtroom. We offer aggressive representation to New Yorkers. Contact us today for a free consultation.

Resisting Arrest in New York

New York Penal Law § 205.30 defines resisting arrest as a Class A misdemeanor in cases where someone intentionally prevents or attempts to prevent police officers or peace officers from making an arrest. In other words, resisting arrest involves actions against a law enforcement officer or a peace officer during an authorized arrest.

To prove resisting arrest, the prosecution must prove the following elements beyond a reasonable doubt:

• You intentionally prevented or attempted to prevent a police officer from effecting an arrest.
• You knew or should have known the person making the arrest was a police officer or peace officer.
• There was probable cause at the time of the arrest.

Even if the original arrest is found to be unlawful, those accused could still be charged with physical resistance during an arrest if the officers had probable cause at the time of the arrest.

Use of Force During Arrest: Penal Law § 35.27

New York Penal Law § 35.27 clearly states that a person is not justified in using physical force to resist an arrest, whether the arrest is lawful or not, if it is reasonably clear that the person making the arrest is a police officer or peace officer.

This means that even if an arrest is unjustified or excessive, using physical force in response can still lead to criminal charges, including resisting arrest or even assault on an officer.

However, this does not mean you have no legal options. Allegations of excessive force, unlawful arrest, or violation of your constitutional rights may still be challenged in court.

Resisting Arrest Conviction Penalties

Resisting arrest is a Class A misdemeanor in New York. Those convicted of stopping a police or peace officer from effecting an arrest could face up to one year in jail and fines of up to $1,000. A conviction also leads to a permanent criminal record. In cases of probation, it can last up to 3 years.

Related Charges

Those charged with resisting arrest in New York City are often charged with other related offenses. These additional charges can make a case more complicated and increase the penalties. But at the Law Offices of Mehdi Essmidi, we have experience defending against a number of charges:

Fleeing a Police Officer

New York Vehicle and Traffic Law § 1102 makes it illegal to flee from a police officer in a motor vehicle. Depending on the circumstances, this charge can be a traffic infraction or a felony. Penalties may include a $1,000 fine, one year in jail, and a license suspension or revocation.

Obstructing Governmental Administration

Obstructing governmental administration is a charge that frequently involves actions against law enforcement officers during their duties. New York Penal Law § 195.05 defines that when an individual intentionally prevents the administration of law or other governmental function, it can constitute a misdemeanor, one year in jail, probation, and a $1,000 fine.

Assault on a Police Officer

This charge under New York Penal Law § 120.08 is a class C felony. Causing serious physical injury to a police officer with intent to prevent them from doing their job can result in 5 to 15 years in state prison, substantial fines, and a felony record.

Protesting Arrests

Emotions often run high during protests, so these charges are often accompanied by resisting arrest charges. Charges related to protesting arrests frequently fall under disorderly conduct (New York Penal Law § 240.20) or unlawful assembly (New York Penal Law § 240.10). These Class B misdemeanors can result in up to 15 days in jail, fines up to $250, community service, and a criminal record.

Resisting Arrest Defenses

When you’re charged with resisting arrest in New York City, you have options. Our criminal defense attorneys use many defense strategies to fight these criminal charges. Here are some common defenses we may use:

Lack of Intent: It could be argued that you didn’t intend to resist arrest.

Lack of Knowledge: It may be possible to argue you didn’t know the person trying to arrest you was a police officer.

Violation of Constitutional Rights: If your constitutional rights were violated during the arrest, such as an illegal search or seizure, we may move to suppress evidence or potentially get the case dismissed.

Why Choose Our Law Firm

When facing resisting arrest charges in New York City, the right legal representation can make all the difference. Here’s why the Law Offices of Mehdi Essmidi should be your first choice:

Former Prosecutor Experience: As a former New York City prosecutor, attorney Mehdi Essmidi has invaluable insight into how the prosecution builds and presents its cases. This unique perspective allows us to anticipate their strategies and build stronger defenses for our clients.

Dedicated Personal Attention: Unlike larger firms where your case might be passed to junior attorneys, at our firm, attorney Essmidi personally handles every case. This ensures that you receive the personalized attention that your case deserves.

Aggressive Defense Strategies: We don’t believe in a one-size-fits-all approach. Our team meticulously reviews every detail of your case to develop an aggressive, tailored defense strategy designed to achieve the best possible outcome for your case.

Call Today for a Free Consultation

Resisting arrest charges in New York City can keep anyone awake at night. Don’t wait to get the help you need, and don’t face these charges alone. Contact Mehdi Essmidi, your NY resisting arrest attorney, as soon as possible so we can explore potential defenses.

Whether you are facing charges after a traffic stop or an alleged crime, we know how to protect your legal rights. Our team works hard to achieve the best possible outcome for your case. Schedule a free case evaluation with us today.

Frequently Asked Questions

What is resisting arrest in New York?

In New York, being charged with resisting arrest means that someone is accused of preventing a police officer or peace officer from making a lawful arrest. Under New York Penal Law, this is a class A misdemeanor punishable by up to one year in jail. The prosecution must show that the defendant intentionally prevented the arrest through physical resistance.

Can I be charged with resisting arrest if the arrest was not legal?

If the arrest in New York was unlawful, you may still face a resisting arrest charge. Courts hold that resisting an unauthorized arrest is not a legal defense. Instead, individuals are expected to remain calm and challenge the arrest later through the legal system.

How does resisting arrest relate to other criminal charges?

Resisting arrest may follow an underlying crime, such as disorderly conduct or obstructing governmental administration. Even if the initial offense is minor, resisting can add an additional charge.

What are the consequences of resisting arrest charges?

Being found guilty of resisting arrest is a misdemeanor punishable by up to one year, it may result in a jail sentence, probation, and a permanent criminal record.

Do I need an attorney for resisting arrest charges?

If you’re facing charges for resisting arrest, an experienced criminal defense attorney may evaluate whether the arresting officer had probable cause, whether your actions were misinterpreted, or if your rights were violated during the encounter. Our law offices offer a free consultation to help you understand your options.

What’s the difference between resisting arrest and non-compliance?

There’s a legal distinction between non-compliance and resisting arrest. While non-compliance might involve refusing to answer questions or hesitating to follow instructions, resisting arrest requires an effort to intentionally prevent a police officer from completing a lawful arrest.