Can You Be Arrested for Resisting Arrest in New York?

At Spodek Law Group, we often get asked this question by concerned clients: "Can you really be arrested just for resisting arrest in New York?" The short answer is yes, you absolutely can. But as with many legal matters, the full picture is more complex. Let's dive into the details of resisting arrest charges in New York and what you need to know to protect your rights.

What Exactly is "Resisting Arrest" in New York?

Under New York Penal Law § 205.30, resisting arrest is defined as intentionally preventing or attempting to prevent a police officer or peace officer from making an authorized arrest of yourself or another person. This may sound straightforward, but in practice, resisting arrest charges can stem from a wide range of behaviors.Some common examples of actions that could lead to resisting arrest charges include:

• Physically struggling against an officer trying to handcuff you
• Running away from police who are attempting to detain you
• Hiding from officers to avoid being taken into custody
• Threatening or fighting with police during an arrest
• Refusing to comply with an officer's orders during an arrest

It's important to note that you can be charged with resisting arrest even if the original reason for your arrest was invalid or the charges are later dropped. The act of resisting itself is considered a separate crime.

Is Resisting Arrest a Felony or Misdemeanor in New York?

In New York, resisting arrest is classified as a Class A misdemeanor. While not as serious as a felony charge, it still carries potentially significant penalties, including:

• Up to 1 year in jail
• A fine of up to $1,000
• Up to 3 years of probation

Additionally, having a resisting arrest conviction on your record can negatively impact future employment opportunities, housing applications, and other areas of your life. That's why it's crucial to take these charges seriously and seek experienced legal representation.

Can You Be Arrested ONLY for Resisting Arrest?

This is where things get a bit tricky. Technically, resisting arrest requires there to be an underlying "authorized arrest" that you are resisting. So in theory, there should always be some other charge that led to the initial arrest attempt.However, in practice, we've seen cases where individuals were charged solely with resisting arrest, with no other accompanying charges. This often occurs in chaotic situations where police claim a person was interfering with another arrest or investigation.While these "standalone" resisting arrest charges can sometimes be challenged, they highlight how broadly this law can be applied. That's why we always advise our clients to remain calm and compliant during any police encounter, even if you believe the police are in the wrong.

Key Elements Prosecutors Must Prove

For a resisting arrest charge to stick in New York, prosecutors need to prove several key elements beyond a reasonable doubt:

1. The defendant intentionally prevented or attempted to prevent an arrest
2. The person making the arrest was a police officer or peace officer
3. The arrest was authorized and lawful
4. The defendant knew or should have known the person was an officer making an arrest

If any of these elements can't be proven, there may be grounds to fight the charges. Our experienced criminal defense attorneys carefully examine every aspect of the case to identify potential weaknesses in the prosecution's arguments.

Common Defenses Against Resisting Arrest Charges

While every case is unique, there are several defense strategies we often employ when fighting resisting arrest charges in New York:

1. The Arrest Was Unlawful

If we can demonstrate that the underlying arrest was not legally justified, it may invalidate the resisting arrest charge. However, the law in this area is complex - even if the original arrest was improper, actively resisting can still potentially lead to charges.

2. Lack of Intent

Resisting arrest requires intentional action. If your behavior was reflexive, accidental, or due to confusion rather than a deliberate attempt to resist, we may be able to challenge the charges.

3. Excessive Force by Police

If police used unreasonable or excessive force during the arrest, any resistance on your part may be viewed as justified self-defense rather than criminal resistance.

4. Mistaken Identity

In chaotic situations, police may mistakenly believe you were resisting when you were actually uninvolved or trying to comply. Eyewitness testimony and video evidence can be crucial here.

5. Lack of Knowledge

If you genuinely didn't know the person attempting to arrest you was a police officer (e.g. they were undercover and didn't identify themselves), this could be a valid defense.

6. Mental Health or Medical Issues

Certain mental health conditions or medical emergencies could explain behavior that police interpreted as resistance.

The Importance of Remaining Calm During Police Encounters

We can't stress this enough - the best way to avoid resisting arrest charges is to remain calm and compliant during any interaction with law enforcement, even if you believe the police are acting improperly. Here are some key tips:

• Keep your hands visible at all times
• Follow all verbal commands from officers
• Don't argue or become confrontational
• Clearly state if you have any medical conditions that may affect your behavior
• If you're being arrested, state that you wish to remain silent and request a lawyer

Remember, you can always fight unjust charges later with the help of an experienced attorney. In the moment, your priority should be avoiding escalation and additional charges.

The Role of Video Evidence in Resisting Arrest Cases

In today's world of ubiquitous smartphones and body cameras, video evidence often plays a crucial role in resisting arrest cases. This can cut both ways:

• Video may exonerate you by showing you were actually complying or that police used excessive force
• Video could also incriminate you if it captures clear resistance on your part

That's why one of our first steps when taking on a resisting arrest case is to gather and carefully review all available video evidence, including:

• Police body camera footage
• Dashcam video from police vehicles
• Surveillance camera footage from nearby businesses
• Cellphone videos from bystanders

We have the resources and experience to obtain this crucial evidence and analyze it thoroughly to build the strongest possible defense for our clients.

Potential Consequences of a Resisting Arrest Conviction

While we always fight for the best possible outcome, it's important to understand the potential consequences if convicted of resisting arrest in New York: These consequences underscore why it's so crucial to have skilled legal representation if you're facing resisting arrest charges. At Spodek Law Group, we have a proven track record of helping clients avoid or minimize these penalties.

How Spodek Law Group Can Help

If you're facing resisting arrest charges in New York, don't try to navigate the complex legal system alone. Our experienced criminal defense attorneys at Spodek Law Group have the knowledge, skills, and resources to provide you with the strongest possible defense.Here's how we can help:

• Thorough Case Evaluation: We'll carefully review all evidence, including police reports, witness statements, and video footage, to identify strengths and weaknesses in the prosecution's case.
• Strategic Defense Planning: Based on the specifics of your case, we'll develop a customized defense strategy aimed at achieving the best possible outcome.
• Negotiation with Prosecutors: In many cases, we're able to negotiate with prosecutors to have charges reduced or dismissed before trial.
• Aggressive Courtroom Representation: If your case goes to trial, we'll fight vigorously for your rights and freedom in court.
• Guidance Throughout the Process: We'll keep you informed and involved at every stage, ensuring you understand your options and can make informed decisions.

Remember, the sooner you involve an attorney, the better your chances of a favorable outcome. Don't wait - contact Spodek Law Group today at 212-300-5196 for a free consultation on your resisting arrest case.

Frequently Asked Questions About Resisting Arrest in New York

Can I resist an unlawful arrest?

While it may seem logical that you should be able to resist an unlawful arrest, the reality is more complicated. In New York, as in most states, you generally do not have the right to physically resist even an unlawful arrest. The proper way to challenge an unlawful arrest is through legal channels after the fact, not by resisting in the moment.

What if I didn't know the person was a police officer?

If you genuinely didn't know the person attempting to arrest you was a law enforcement officer, this could potentially be a valid defense against resisting arrest charges. However, the burden would be on you to prove that you had no reasonable way of knowing they were an officer.

Can I be charged with resisting arrest if I was never actually arrested?

Yes, you can potentially face resisting arrest charges even if you were never formally arrested for another crime. The charge is based on your actions during the attempted arrest, not whether an arrest was ultimately made.

What should I do if I believe police are using excessive force?

If you believe police are using excessive force during an arrest, it's still generally advisable to comply as best you can to avoid additional charges. Clearly state that you are not resisting and that you believe excessive force is being used. As soon as possible, document any injuries and contact an attorney to discuss your options for filing a complaint or lawsuit.

Can resisting arrest charges be expunged from my record?

In some cases, yes. New York law allows for the sealing of certain criminal records, including some misdemeanors like resisting arrest, after a waiting period. However, the process is complex and not guaranteed. An experienced attorney can advise you on whether you may be eligible for record sealing.

Conclusion: Don't Face Resisting Arrest Charges Alone

Resisting arrest charges in New York are more serious than many people realize. Even if you believe the charges are unjust, trying to handle the situation on your own can lead to severe consequences that impact your life for years to come.At Spodek Law Group, we have the experience, knowledge, and dedication to provide you with the robust defense you need. We understand the nuances of New York's resisting arrest laws and how to navigate the complex criminal justice system.Don't let a moment of confusion or panic during a police encounter derail your future. Contact Spodek Law Group today at 212-300-5196 for a free consultation. We'll review your case, explain your options, and fight tirelessly to protect your rights and freedom.Remember, when it comes to resisting arrest charges, having the right legal team on your side can make all the difference. Let Spodek Law Group be your advocates and guides through this challenging time. Your future is too important to leave to chance - call us now and let us start building your defense.