NY Resisting Arrest Attorney

In New York City, resisting arrest charges can be a scary experience. You’re facing the original charges plus 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.

A resisting arrest charge does not depend on whether the original charge holds up. What matters is whether the arrest was authorized when it happened. If officers had reasonable cause to arrest you at that moment, the resisting count may stand even when the original charge is dismissed.

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.

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 364 days in jail and fines of up to $1,000. A conviction also leads to a permanent criminal record. Probation can last up to 3 years.

Related Charges

Fleeing a Police Officer

New York treats fleeing from a police officer in a motor vehicle as a different crime. Under New York Penal Law, speeding off or driving recklessly after a uniformed officer or marked police car signals you to stop is a class A misdemeanor punishable by up to 364 days in jail. The charge becomes a class E felony when someone is seriously injured during the flight and a class D felony when someone is killed.

Obstructing Governmental Administration

Obstructing governmental administration involves actions against law enforcement officers while they are on duty. Under New York Penal Law, intentionally interfering with a governmental function through intimidation, force, or interference is a class A misdemeanor, punishable by up to 364 days in jail, probation, and a $1,000 fine.

Assault on a Police Officer

This charge 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 a prison sentence of up to 15 years, with a minimum of three and a half years.

Protesting Arrests

Charges related to protesting arrests may fall under disorderly conduct (New York Penal Law § 240.20) or unlawful assembly (New York Penal Law § 240.10). Disorderly conduct is a violation, not a crime, punishable by up to 15 days in jail and a fine of up to $250. Unlawful assembly is a class B misdemeanor that carries up to three months in jail and fines of up to $500.

Resisting Arrest Defenses

Here are some possible defenses against resisting arrest charges:

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

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 understands how the prosecution builds and presents its cases. This 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 a 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.

No two resisting arrest cases follow the same path. When there is body camera or bystander footage, the case often turns on what the video shows. Without footage, the case comes down to the officer’s word against yours, and the fight is now about credibility, inconsistencies in the police account, and whether the arrest was lawful in the first place.

An experienced defense attorney knows what evidence to demand from the prosecution and where the gaps in their case are likely to be. If you are facing a resisting arrest charge, talk to a lawyer before you talk to anyone else. Contact us for a free consultation.

Frequently Asked Questions

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. New York law never allows physical force against an arrest, lawful or not, so fighting back may add assault charges on top of everything else.

Will a resisting arrest charge stay on my record?

Not always. When a case ends in your favor through a dismissal or an acquittal, New York law treats the arrest and prosecution as a nullity, and the court record is sealed in most cases. Many first arrests resolve through an adjournment in contemplation of dismissal, or ACD, which typically ends in a dismissal after six months if you stay out of trouble and does not count as a conviction.

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

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.

Is running from the police the same as resisting arrest?

Not automatically. Resisting arrest requires an arrest that is underway or about to happen, so leaving the scene before any arrest begins is a different situation than pulling away mid-handcuffing. Running can still support the charge when it prevents officers from completing an authorized arrest, and fleeing in a car is charged under separate laws. The details of the encounter decide how these cases get treated.