Resisting Arrest

What started out as nothing serious, and at worst a violation of Disorderly Conduct (NY PL 240.20), has resulted in the police taking you into custody for Resisting Arrest pursuant to New York Penal Law 205.30. Whether you are in Manhattan, Brooklyn, Queens, the Bronx or Westchester County, you now find yourself charged with a misdemeanor and in need of a New York criminal defense attorney. While often a legitimate charge by the police for struggles and fights during an arrest procedure, the crime of Resisting Arrest also enables law enforcement to slap you with an offense punishable by up to one year in jail for something that is insignificant and truly "non criminal." According to the law of Resisting Arrest in New York, 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 an "A" misdemeanor.

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 the crime. For example, if you swing your arms or hold them up so that you cannot be handcuffed, that is likely sufficient to establish the crime. 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 effectuating an authorized arrest it is likely you will face this charge. If convicted as an adult, this crime will permanently remain on your record.

It is important to note that if you are charged with Resisting Arrest there are certain issues you should discuss with your New York criminal defense lawyer before considering accepting any deal. Was the underlying arrest an authorized arrest? What will happen to this charge against you if the underlying offense is ultimately dismissed? For example, what if the initial charge was Disorderly Conduct, but it was later dismissed? Can the subsequent Resisting Arrest still stand against you?

For further information regarding the crime of Resisting Arrest in New York (NY PL 205.30) as well as a brief analysis of the issues involving an authorized arrest and the dismissal of an underlying offense where Resisting Arrest is charged, please review the links to the New York Criminal Law Blog or go directly to where you can conduct a general search of the blog for particular criminal statutes, legal decisions and newsworthy cases.

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