When both criminal lawyers and the criminally accused hear that an arrest in NYC involves the crime of Resisting Arrest, New York Penal Law 205.30, there is often a wide range of potential allegations that run through the respective party’s minds. Could the Resisting Arrest involve genuine and physical force from a person wrestling with NYPD officers or detectives? Could the NY Penal law 205.30 charge stem from something far less serious that involved little to no affirmative actions on the part of the defendant? For that matter, one major issue not lost on criminal defense attorneys is whether or not the basis for the underlying arrest is a legal one regardless of whether the crime allegedly occurred in Westchester County, Brooklyn, Manhattan or anywhere in the boroughs of New York City or the municipalities of the Hudson Valley.Resisting Arrest: Elements of and Penalty for PL 205.30
It is important to recognize that what may have started out as nothing too serious, and at worst a violation of Disorderly Conduct, New York Penal law 240.20, can ultimately result in an arrest for Resisting Arrest, PL 205.30. While often a legitimate charge by the police for struggles and fights during their attempt to legally arrest a suspect, the crime of Resisting Arrest also enables law enforcement – whether they are State Troopers, Rockland County Police, New York State Police or Yonkers City Police – to slap you, the accused, with a crime and charge that may be an embellishment or exaggeration in order to add additional offenses to your criminal complaint due to your uncooperative demeanor or behavior. Simply, while the purpose of the Resisting Arrest statute is vital to the safety of the police and civilians as well as to ensure a smooth process for legal arrests, the practical reality is that the charge is sometimes brought when a defendant’s conduct is insignificant and nominal at worst. That said, the law is quite clear. If you prevent or attempt to prevent a police officer from placing you under arrest where he or she is authorized to do so, you are guilty of the "A" misdemeanor crime of Resisting Arrest. Technically, whether it was a “battle royal” or merely a push, the law does not differentiate the conduct and a judge can sentence you up to one year in jail.Resisting Arrest: What Not to Do
What gives the police the "upper hand" when charging Resisting Arrest is that it merely takes minimal actions by the accused to satisfy the elements of PL 205.30. For example, if you swing your arms or hold them up so that you cannot be handcuffed, that is likely sufficient to establish this class “A” misdemeanor. You need not behave violently. Certainly, the specific facts of your case must be analyzed, but if you intentionally try to stop the police from lawfully placing you under arrest, do not be surprised if you find yourself before a criminal court judge being arraigned for violating NY PL 205.30. While not to be construed as legal advice, you should consult with your own Resisting Arrest defense lawyer for that purpose, if you believe your arrest is unauthorized, becoming physically combative or aggressive is not the answer. Remember, you have rights. If those rights are violated the time to pursue your recourse is not in the heat of the moment, but with the assistance of legal counsel.
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If you are charged with Resisting Arrest, contact a New York criminal defense lawyer , such as the New York criminal defense attorneys and former prosecutors at Saland Law. During your consultation, you and your attorney should examine, among other factors, whether the underlying arrest was an authorized arrest and what will happen to your PL 205.30 charge if that underlying offense is ultimately dismissed.
For further information regarding the crime of Resisting Arrest in New York, NY PL 205.30, your potential defenses, and the permanent adverse impacts should you be convicted, contact Saland Law to allow their experience, advocacy and knowledge to be your greatest defense.
Call us at (212) 312–7129 or contact us online today.