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Resisting Arrest & Obstruction Charges in Brooklyn
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Resisting Arrest & Obstruction Charges in Brooklyn: A Guide
Dealing with criminal charges like resisting arrest or obstruction in Brooklyn can be really overwhelming. I totally get it – the legal system is complicated and scary when you’re facing the possibility of jail time or a criminal record. But there are options and having an experienced Brooklyn criminal defense lawyer on your side can make all the difference. I wanted to give you a quick rundown on how these charges work and what legal defenses you may have.
Overview of Resisting Arrest & Obstruction Charges
Resisting arrest and obstruction charges fall under the category of “interference with governmental administration” offenses in New York. Basically, the police accuse you of either:
- Physically getting in the way of an officer trying to make an arrest or issue a lawful order
- Refusing to comply with lawful orders like showing ID or stepping out of a vehicle when asked
- Lying to the police or giving false information during an investigation
Some common examples I see are people pulling away when cops try to handcuff them, refusing to put their hands behind their back, stiffening their arms to avoid arrest, etc.
Obstruction charges can also happen if you do stuff like lock yourself in your car and refuse to get out, swallow potential evidence to keep police from finding it, or warn others that the cops are coming.
These interference charges can be misdemeanors or felonies depending on exactly what you did and what you’re accused of trying to prevent police from doing. The maximum sentence if convicted can be up to 7 years in prison.So yeah, these are serious criminal offenses that you shouldn’t take lightly. An experienced Brooklyn criminal lawyer can help you avoid disastrous outcomes.
Police Misconduct & False Accusations
A major issue that comes up with resisting arrest and obstruction charges is police misconduct and false accusations. I’ve seen many cases where clients swear the cops totally fabricated the charges against them.
Maybe the police got rough during an arrest and injured a suspect, so they accuse them of resisting as a cover story. Or perhaps cops illegally stopped someone and when that person refuses to cooperate with the unconstitutional detention, they slap them with obstruction charges.
The reality is police don’t always follow proper protocols and sometimes even lie in police reports to justify their actions. An analysis by the New York Times actually found that false statements by cops are a widespread problem.
This is why having an experienced Brooklyn criminal lawyer in your corner is so crucial. We know how to spot common lies and inconsistencies in police reports. With our aggressive investigation tactics and relentless litigation, we can attack the credibility of the officers and expose misconduct when it has occurred.
Fighting the Charges in Court
If you are charged with resisting arrest or obstruction, there are a number of legal defense strategies we may use to fight the allegations:
- No Probable Cause for Arrest – For there to be a valid arrest in the first place, police need probable cause that you committed a crime or matching the description of someone who did. If the cops didn’t have sufficient justification to detain or arrest you, then you had every right to pull away or refuse orders.
- Unlawful Use of Force – Police are only allowed to use the minimum level of force necessary to make an arrest. If they immediately resorted to excessive force – like beating you without cause – then your actions may have been lawful resistance.
- Fabricated Police Testimony – As discussed above, cops sometimes falsify the narrative in police reports to justify their own misconduct. By relentlessly challenging their credibility on cross examination, we can expose these lies.
- Mental Health Issues – If an underlying mental health condition, like bipolar disorder or schizophrenia, caused you to act erratically, then you may have a psychiatric defense. The same goes if you were having a PTSD flashback to past trauma/abuse.
- False Confessions – Many people end up admitting to resisting arrest or obstruction that they didn’t actually do. This could be due to fear, coercion tactics, or wanting to just get out of jail. We can try to get these unreliable confessions thrown out.
- Wrong Person Identified – Particularly during mass protest arrests, police often arrest the wrong person or confuse them for another suspect. Mistaken identity can be a solid defense strategy.
The bottom line is there are many ways for us to fight these types of charges and avoid a criminal conviction. With an aggressive litigation approach, we can frequently get charges reduced or outright dismissed.
The Importance of an Experienced Brooklyn Criminal Lawyer
If you or a loved one are facing charges like resisting arrest or obstruction, it’s critical that you have a skilled Brooklyn criminal defense attorney advising you. The legal system is designed to intimidate and pressure ordinary people into accepting guilt, even if they are innocent or the police did something wrong.
You need someone in your corner who knows all the dirty tricks cops and prosecutors try to pull – and how to effectively counter them. An experienced Brooklyn criminal lawyer like myself will go to bat for you, aggressively challenging dubious police testimony and technicalities of the law.
I have successfully defended thousands of misdemeanor and felony cases in Brooklyn and the surrounding NYC areas. On cases from shoplifting to assault to domestic violence and more, I know how to attack weak spots in the prosecution’s argument and highlight reasonable doubt.Whether through legal motions, negotiations, or trial litigation, the focus is always on getting charges reduced or dismissed without a devastating criminal conviction. Every case is different, but with an effective strategic defense, we can frequently achieve positive outcomes even in very difficult circumstances.
Don’t leave your future up to chance. If you or someone you care about is facing criminal charges, take action now to consult an experienced Brooklyn defense lawyer who can protect your rights. Call today at 555-555-5555 for a free case evaluation and learn more about how we can help fight your charges.