Resisting arrest or obstructing the police in arresting another person is illegal under New York law. According to § 205.30 of the New York Penal Code, a person is guilty of resisting arrest if he or she “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 in New York. If a person is convicted of resisting arrest, they can be subject to the following:
Additional charges to a resisting arrest charge can also be filed depending on the circumstances of the arrest. A person can also be charged with disorderly conduct or assault. Before you make any decisions, it is important to speak with a qualified Manhattan criminal attorney. Lebedin Kofman Case Result People V. J. Our client was charged with forcible touching, resisting arrest, and sexual abuse in the third degree in New York County criminal court in Manhattan. Lebedin Kofman defended this case for almost 2 years and would not accept any plea deal. These cases are very difficult in New York County as the prosecutors generally will not allow a deal without the client getting a criminal record. As our client was totally innocent, we could not allow that to happen. We were able to secure a full DISMISSAL of all charges for our very happy client in this case! Charges included: 1 PL 130.52(1) 2 PL 130.52(2) 3 PL 205.30 4 PL 130.55 Forcible Touching (defendant #1: 1 count) Resisting Arrest (defendant #1: 1 count) Sexual Abuse in the Third Degree (defendant #1: 1 count) Resisting Arrest Under PL 205.30The law on resisting arrest was created as a deterrent to help protect police against individuals who might want to flee or fight back in the process of getting arrested. It also helps ensure that the process of legal arrests goes as smoothly as possible given that they can be stress and anxiety-inducing situations. However, complications might ensue when the defendant acts out in the heat of the moment, regardless of how simple or insignificant their actions are. Unfortunately, there is no clear-cut way in which resisting arrest can be defined. It does not take much for a police or peace officer to accuse a defendant of resisting arrest and the act is up for interpretation by the arresting party. A defendant can verbally protest or object to the arrest but, even without actively fleeing, conducting any form of physical struggle or disagreement uncooperative to the arrest can count as resistance. A charge of resisting arrest can be filed against a defendant regardless of the conduct of the resistance, even if it was merely pushing a police officer away or raising their hands to prevent being handcuffed. It may be tempting to protest being charged with resisting arrest in addition to underlying charges that caused the arrest in the first place but you should not act rashly in the heat of the moment. You have rights under the law but you may be able to have more success defending those rights with the presence and help of legal counsel. How Can One Get Charges Of Resisting Arrest In New York Dismissed?It is important to note that even if the original charges that caused the reason for the arrest are dismissed, the charge of resisting arrest may still stand alone. Getting the help of an experienced New York resisting arrest attorney is essential in making sure that your rights are protected. To convict a defendant on charges of resisting arrest in New York, the prosecution must prove beyond reasonable doubt the following elements:
In the state of New York, law enforcement officers typically include police and peace officers. Security guards are considered private citizens and the laws on resisting arrest, therefore, do not apply to them. Possible defenses to charges of resisting arrest are the following:
These are just some defenses that may be useful to get charges of resisting arrest dismissed and should not be assumed as legal advice. It is crucial to note that each case is different and the circumstances of one case of resisting arrest may be significantly different from another. Getting the help of an experienced New York City resisting arrest attorneyIf you have been charged with an act of resisting arrest in New York City, Manhattan, or any of the surrounding boroughs, it is important to seek the help of a skilled criminal defense attorney. An attorney may be able to help you understand your rights under the law. Every defendant has rights that need to be protected. At Lebedin Kofman LLP, we provide qualified legal counsel and aggressive representation to our clients. Our experienced New York City resisting arrest attorneys may be able to build a comprehensive legal strategy based on the specifics of your case. A conviction on charges of resisting arrest may have long-standing implications and consequences. Don’t leave your legal defense up to chance. Call us today at (646) 663-4430 to schedule a complimentary consultation with one of our New York City criminal defense attorneys. Via https://www.lebedinkofman.com/how-to-get-a-resisting-arrest-charge-dropped-in-new-york/
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About UsLebedin Kofman LLP are New York City criminal defense attorneys who represent clients that are charged with crimes such as fraud, domestic violence, federal crimes, DWI, DUI, and white-collar crimes. If you are looking for a defense lawyer, call for a free consultation today with one of our attorneys in New York: (646) 663-4430 ArchivesNo Archives Categories |