Criminal Defense Lawyers

How to Deal with Resisting Arrest Charges in New York

How to Deal with Resisting Arrest Charges in New York

Have you been charged with resisting arrest in New York? If so, you’re likely feeling anxious and uncertain about what to do next. At Spodek Law Group, we understand how stressful this situation can be. With over 50 years of combined experience handling criminal cases in New York, our attorneys are here to help guide you through this challenging time and fight for the best possible outcome.

What Exactly is “Resisting Arrest” in New York?

Before we dive into how to deal with these charges, it’s important to understand exactly what constitutes resisting arrest under New York law. According to New York Penal Law § 205.30, a person is guilty of resisting arrest when they “intentionally prevent or attempt to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person.”This may sound straightforward, but in practice, resisting arrest charges can stem from a wide range of behaviors. Some common examples include:

• Running away from police
• Struggling or fighting with officers during arrest
• Refusing to put your hands behind your back
• Pulling away when an officer tries to handcuff you
• Verbally refusing to comply with arrest orders
• Hiding to avoid being arrested

It’s important to note that you can be charged with resisting arrest even if the original reason for your arrest was invalid or if you are ultimately not charged with any other crime. The key factor is whether you intentionally tried to prevent the arrest from occurring.

Is Resisting Arrest a Felony or Misdemeanor in New York?

In New York, resisting arrest is classified as a Class A misdemeanor. While this is less serious than a felony charge, it still carries potentially severe consequences if you’re convicted. The maximum penalties for a Class A misdemeanor in New York include:

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

Additionally, having a criminal record for resisting arrest can negatively impact many aspects of your life, including employment opportunities, housing applications, professional licenses, and more. That’s why it’s crucial to take these charges seriously and seek experienced legal representation right away.

Can You Be Arrested ONLY for Resisting Arrest in New York?

This is a common question we hear from clients. The short answer is yes, it is possible to be arrested and charged solely with resisting arrest, even if no other charges are filed. However, in most cases, resisting arrest is charged alongside other offenses.For example, let’s say police attempt to arrest you for disorderly conduct, but you run away. Even if the disorderly conduct charge is later dropped, you could still face charges for resisting arrest based on your attempt to flee.That said, the circumstances surrounding the original attempted arrest are often relevant to building a strong defense against resisting arrest charges. Our attorneys will thoroughly investigate the details of your case to identify any potential legal issues with the initial arrest attempt.

Key Factors in Resisting Arrest Cases

When defending against resisting arrest charges in New York, there are several key factors we examine closely:

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2024-03-21

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2024-03-18

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Guerline Menard

2024-03-18

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2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

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2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

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2024-03-12

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2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Was the Arrest Lawful?

For a resisting arrest charge to stick, the original arrest attempt must have been lawful and authorized. If the police lacked probable cause or a valid warrant for the initial arrest, it may be possible to challenge the resisting arrest charge on those grounds.

Did You Know You Were Being Arrested?

To be guilty of resisting arrest, you must have known (or reasonably should have known) that you were being arrested. If the officers failed to clearly identify themselves or state that you were under arrest, this could be a strong defense.

Was Excessive Force Used?

While you don’t have the right to resist arrest, you do have the right to defend yourself against excessive force by police. If the officers used unreasonable or unnecessary force during the arrest, any resistance on your part may have been legally justified.

Were Your Actions Intentional?

Remember, resisting arrest requires intentional action to prevent the arrest. Involuntary reactions, like flinching when handcuffs are applied, generally don’t qualify as resisting arrest.

Is There Video Evidence?

In today’s world, arrests are often captured on body cameras, dash cams, or bystander cell phones. This video evidence can be crucial in determining exactly what happened during the incident.By carefully examining all of these factors, our experienced criminal defense attorneys can build the strongest possible defense strategy for your case.

Common Defenses Against Resisting Arrest Charges

At Spodek Law Group, we’ve successfully defended countless clients against resisting arrest charges in New York. Some of the most effective defense strategies we employ include:

1. Challenging the Lawfulness of the Arrest

If we can demonstrate that the original arrest was unlawful or unauthorized, it may be possible to get the resisting arrest charges dismissed. This could involve showing that:

• The police lacked probable cause
• The arrest warrant was invalid
• The officers were outside their jurisdiction

2. Lack of Intent

To be convicted of resisting arrest, the prosecution must prove that you intentionally tried to prevent the arrest. We may be able to argue that your actions were:

• Involuntary reactions
• Caused by confusion or misunderstanding
• Due to a medical condition or disability

3. Self-Defense Against Excessive Force

While you can’t legally resist a lawful arrest, you do have the right to protect yourself against unreasonable force. If we can show that the police used excessive force, your resistance may have been justified.

4. Mistaken Identity

In some cases, we may be able to prove that you were not actually the person resisting arrest. This could involve challenging eyewitness identifications or presenting alibi evidence.

5. Violation of Constitutional Rights

If your constitutional rights were violated during the arrest process, it may be possible to have evidence suppressed or charges dismissed. This could include violations of your:

• Miranda rights
• Fourth Amendment rights against unreasonable search and seizure
• First Amendment rights to free speech

6. Insufficient Evidence

Sometimes, the prosecution simply lacks enough credible evidence to prove resisting arrest beyond a reasonable doubt. We’ll carefully scrutinize all evidence and challenge any weak or inconsistent aspects of the state’s case.

Steps to Take if You’re Charged with Resisting Arrest

If you find yourself facing resisting arrest charges in New York, here are some crucial steps to take:

1. Stay calm and don’t resist further: Even if you believe the arrest is unjustified, further resistance will only make your situation worse.
2. Exercise your right to remain silent: Politely inform the officers that you are invoking your Fifth Amendment right to remain silent and that you want to speak with an attorney.
3. Don’t discuss the incident with anyone: Avoid talking about what happened with cellmates, friends, or family members. These conversations are not privileged and could be used against you.
4. Document everything: As soon as possible, write down everything you remember about the incident, including any witnesses present.
5. Seek medical attention if needed: If you were injured during the arrest, get medical treatment and document your injuries.
6. Contact an experienced criminal defense attorney: The sooner you have legal representation, the better your chances of a favorable outcome.
7. Gather evidence: Collect any relevant evidence, such as photos, videos, or witness contact information.
8. Follow your attorney’s advice: Once you have legal counsel, follow their guidance carefully to avoid jeopardizing your case.

Why Choose Spodek Law Group for Your Resisting Arrest Case?

When you’re facing resisting arrest charges in New York, you need a law firm with the experience, skill, and dedication to fight for your rights. Here’s why Spodek Law Group is the right choice:

• Extensive Experience: Our attorneys have over 50 years of combined experience handling criminal cases in New York courts.
• Proven Track Record: We’ve successfully defended countless clients against resisting arrest charges, often getting cases dismissed or charges reduced.
• Aggressive Advocacy: We’re not afraid to stand up to prosecutors and fight hard for our clients’ rights.
• Comprehensive Approach: We examine every aspect of your case to build the strongest possible defense strategy.
• Personal Attention: You’re not just a case number to us. We provide individualized attention and support throughout the legal process.
• 24/7 Availability: Legal issues don’t always happen during business hours. That’s why we’re available around the clock to assist you.
• Free Consultation: We offer a no-obligation consultation to discuss your case and explain how we can help.

Don’t let resisting arrest charges derail your life. Contact Spodek Law Group today at 212-300-5196 to schedule your free consultation. We’re here to fight for your rights and work towards the best possible outcome for your case.

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 the importance of mounting a strong defense against resisting arrest charges. At Spodek Law Group, we’ll work tirelessly to help you avoid or minimize these potential penalties.

Frequently Asked Questions About Resisting Arrest in New York

Here are some common questions we hear from clients facing resisting arrest charges:

Q: Can I be charged with resisting arrest if I didn’t know I was being arrested?

A: Generally, no. To be guilty of resisting arrest, you must have known (or reasonably should have known) that you were being arrested. If the officers didn’t clearly identify themselves or state that you were under arrest, this could be a strong defense.

Q: What if the original reason for my arrest was invalid?

A: Unfortunately, you can still be charged with resisting arrest even if the original reason for your arrest was invalid or if you’re not ultimately charged with any other crime. However, the circumstances of the original arrest attempt can often be relevant to your defense.

Q: Can I resist arrest if the police are using excessive force?

A: While you don’t have the right to resist a lawful arrest, you do have the right to defend yourself against excessive force. If the officers used unreasonable or unnecessary force, any resistance on your part may have been legally justified.

Q: Will a resisting arrest conviction show up on background checks?

A: Yes, a conviction for resisting arrest will typically appear on criminal background checks. This is one reason why it’s so important to fight these charges with the help of an experienced attorney.

Q: Can resisting arrest charges be expunged or sealed in New York?

A: In some cases, yes. New York law allows for certain misdemeanor convictions to be sealed after 10 years. However, it’s always better to avoid a conviction in the first place if possible.Don’t see your question answered here? Give us a call at 212-300-5196 for a free consultation. We’re happy to address any concerns you may have about your specific case.

The Importance of Acting Quickly

When it comes to resisting arrest charges, time is of the essence. The sooner you have experienced legal representation on your side, the better your chances of a favorable outcome. Here’s why:

• Evidence Preservation: Critical evidence can disappear quickly. We’ll work fast to gather and preserve any evidence that could help your case.
• Witness Statements: Memories fade over time. We’ll promptly interview any witnesses while the events are still fresh in their minds.
• Strategic Planning: The earlier we get involved, the more time we have to develop a comprehensive defense strategy.
• Avoiding Mistakes: Without proper legal guidance, you might inadvertently say or do something that could harm your case.
• Negotiation Opportunities: In some cases, early intervention can lead to opportunities to negotiate with prosecutors for reduced charges or alternative resolutions.

Don’t wait to get the legal help you need. Contact Spodek Law Group today at 212-300-5196 to schedule your free consultation. Our experienced New York criminal defense attorneys are standing by, ready to fight for your rights and your future.Remember, a resisting arrest charge doesn’t have to ruin your life. With the right legal team on your side, it’s possible to overcome these charges and move forward. At Spodek Law Group, we have the knowledge, skills, and dedication to help you achieve the best possible outcome in your case.Don’t face this challenging situation alone. Reach out to us today and let us put our expertise to work for you. Your future is too important to leave to chance. Call 212-300-5196 now for your free consultation. We’re here to help, 24/7.