In New York, you generally may not use physical force to resist an arrest, even if you believe the arrest is wrong. Resisting arrest is a crime that can result in jail time, fines, and a criminal record. However, you may have defenses if the officer used excessive force, if the arrest was unlawful, or if your actions were misinterpreted.
At the Law Offices of Jason Bassett, P.C., Suffolk County criminal defense attorney Jason Bassett works diligently to protect the rights of people arrested throughout Long Island and New York. Attorney Bassett examines every arrest to determine whether police followed proper procedures and whether your rights were violated.
This guide explains what legally counts as resisting arrest, what penalties you face, when an arrest is unlawful, and what defenses may be available in your case. If you are facing a resisting arrest charge or have questions about your arrest, contact the Law Offices of Jason Bassett, P.C. today at (631) 259-6060 to protect your rights.
What Does New York Law Say About Resisting Arrest?
Resisting arrest is a crime in New York. You break the law when you intentionally prevent or try to prevent a police officer from arresting you or someone else.
Under NY Penal Law § 205.30, the keyword is “intentionally.” You must have meant to stop the arrest. Accidental movements or reflexive actions typically do not meet this standard.
An “authorized arrest” means the officer was effecting an arrest supported by reasonable cause to believe the person being arrested committed a crime. The prosecution does not have to prove that a crime was actually committed. As long as the officer had reasonable grounds at the time, the arrest is authorized under the law.
What Actions Can Be Charged as Resisting Arrest?
Almost any physical action can be interpreted as resistance. Officers have wide discretion in defining what counts as resisting arrest; you do not need to use force to be charged with this offense.
Pulling away when an officer grabs your arm counts as resistance. So does tensing your body, going limp to make handcuffing difficult, or locking your arms behind your back. Verbal objections are generally allowed, but yelling combined with physical movement can lead to charges.
Running from the police is often charged as resisting arrest. Hiding from officers or refusing to come out when ordered can also result in charges. Even minor movements, if the officer interprets them as an attempt to avoid arrest, may be enough.
In Suffolk County, criminal cases are prosecuted by the Suffolk County District Attorney’s Office, located at 725 Veterans Memorial Highway in Hauppauge. Most criminal charges are arraigned in the Suffolk County First District Court at the Cohalan Court Complex in Central Islip. Felony cases that are indicted proceed in the Suffolk County Court at the Arthur M. Cromarty Court Complex in Riverhead.
Is Resisting Arrest Always a Secondary Charge?
Resisting arrest is usually charged alongside other offenses, but it can also be applied on its own. When police arrest someone for a suspected crime, and that person resists, both charges are typically filed.
However, you can be charged with resisting arrest even if the original suspected crime does not result in charges. For example, police may investigate a report, attempt to detain you for questioning, and charge you with resisting arrest if you physically resist the detention. The underlying suspicion does not need to result in conviction or even formal charges.
This is particularly common in cases where officers initially lacked strong evidence. Even if the original accusation is dropped, the resisting arrest charge can proceed on its own merits.
What Are the Penalties for Resisting Arrest?
Resisting arrest is a Class A misdemeanor in New York. This is the most serious type of misdemeanor and carries significant penalties.
If convicted, you face:
- Up to 1 year in jail
- Probation for up to 3 years
- Fines of up to $1,000
A conviction creates a permanent criminal record. This record can affect employment, professional licensing, housing applications, and immigration status. Background checks will show the conviction, and many employers routinely conduct these checks.
Even if you are not convicted of the crime you were arrested for, a resisting arrest conviction remains on your record. The collateral consequences often last far longer than any jail sentence.
When Is an Arrest Considered Unlawful?
An arrest is unlawful when the officer lacks reasonable cause to believe you committed a crime. If the arrest is unlawful, you may have a defense to resisting arrest charges.
Reasonable cause means the officer had facts or information suggesting it was more likely than not that a crime occurred and that you were involved. The standard is lower than “beyond a reasonable doubt” but higher than mere suspicion. Officers must be able to articulate specific reasons for the arrest.
An arrest may be unlawful if the officer relied solely on an anonymous tip with no corroboration. It may also be unlawful if the officer arrested you based on your race, religion, or other protected characteristic without any evidence of wrongdoing. Arrests made in your home without a warrant or exigent circumstances are often unlawful as well.
However, you still cannot use force against the officer, even if the arrest is unlawful. New York law requires you to comply first and challenge the arrest later in court. The legality of the arrest becomes a defense to the resisting charge, not permission to resist.
Suffolk County Criminal Defense Attorney
Jason Bassett, Esq.
Jason Bassett, Esq. is a Suffolk County criminal defense attorney with more than 21 years of experience protecting the rights of individuals facing serious criminal charges. He aggressively defends clients in both New York State and Federal courts, standing up to prosecutors, law enforcement agencies, and powerful institutions. His practice spans a wide range of criminal matters, from DWI and assault to homicide, sex crimes, and federal offenses, as well as civil rights violations involving excessive force and false arrest.
Mr. Bassett brings a rare perspective to criminal defense, having previously served as an Assistant District Attorney, Special Assistant Attorney General, and Chief Deputy Commissioner of Public Safety. This experience allows him to anticipate prosecution strategies and build strong, strategic defenses for his clients. A graduate of Boston College Law School, Jason Bassett is known for his dedicated advocacy, meticulous preparation, and unwavering commitment to achieving the best possible outcomes for those he represents.
What Defenses Are Available for Resisting Arrest?
There are several strategies to defend against resisting arrest charges. The best defense depends on the specific facts of your arrest and the evidence available.
The Officer Misinterpreted Your Actions
Officers sometimes interpret innocent movements as resistance. You may have been adjusting your balance, reaching for identification, or simply reacting to being grabbed suddenly. If your actions were reflexive or misunderstood, you lacked the intent required under NY Penal Law § 205.30.
Video evidence from body cameras, surveillance cameras, or witnesses can show what actually happened. Cases handled at the Cohalan Court Complex in Central Islip or the Cromarty Court Complex in Riverhead often turn on this type of evidence.
You Were Defending Yourself from Excessive Force
You have the right to protect yourself from unreasonable force. If the officer used force beyond what was necessary to effect the arrest, your resistance may have been justified self-defense.
This defense requires showing the officer’s force was excessive under the circumstances. Medical records documenting injuries, witness testimony, and body camera footage can support this defense.
The Arrest Was Unlawful
If the officer lacked reasonable cause for the arrest, you may argue that the arrest was unauthorized under the law. This challenges a core element of the resisting arrest charge, namely that the officer was effecting an “authorized arrest.”
Your attorney can file motions to suppress evidence and challenge the basis for the arrest. If successful, the resisting arrest charge often cannot proceed because there was no lawful arrest to resist.
Is Resisting Arrest a Felony in New York?
No, resisting arrest is not a felony in New York. It is classified as a Class A misdemeanor under NY Penal Law § 205.30.
However, other charges can elevate the situation to felony level. If you assault an officer during the arrest, you may face additional felony charges for assault on a police officer under Penal Law § 120.08 on top of the resisting arrest violation. These charges carry much more severe penalties, including multiple years in state prison.
Understanding the distinction matters because prosecutors sometimes charge multiple offenses arising from the same conduct. Your attorney will need to address each charge separately.
How Does a Resisting Arrest Charge Affect Your Case?
A resisting arrest conviction can complicate your entire case, even if other charges are dismissed. Prosecutors and judges view resistance as evidence of guilt on underlying charges.
If you are negotiating a plea deal, the resisting arrest charge gives prosecutors leverage. They may offer to drop it in exchange for pleading guilty to the original charge. Or they may insist you plead guilty to resisting arrest even if the original charge is weak.
The charge can also affect bail and pretrial release decisions. Judges in Suffolk County Criminal Court may view resistance as evidence that you are a flight risk or a danger to public safety. This can result in higher bail or stricter conditions of release.
A conviction creates a criminal record that shows you were convicted of obstructing law enforcement. This is particularly damaging in employment contexts. Many employers throughout Suffolk County, including in towns like Babylon, Brookhaven, Huntington, Islip, and Smithtown, consider this type of conviction a serious red flag.
Should You Comply with an Arrest Even If You Are Innocent?
Yes, you should comply with an arrest even if you are innocent. New York law does not allow you to physically resist an arrest, regardless of whether you committed the underlying crime.
Your remedy is to challenge the arrest in court, not on the street. Resisting can turn a weak case against you into a strong one by adding a separate crime with its own penalties. Officers and prosecutors will use your resistance as evidence of consciousness of guilt.
If you believe your rights are being violated, state clearly but calmly that you do not consent to the search or arrest. Do not physically resist. Ask for a lawyer immediately and say nothing else.
| Category | Description |
|---|---|
| Definition of Offense | Intentionally preventing or attempting to prevent an officer from making an arrest |
| Common Actions Charged | Pulling away, tensing up, going limp, running, hiding, or refusing to comply |
| Required Intent | Must be intentional; accidental or reflexive movements don’t qualify |
| Classification | Class A misdemeanor |
| Maximum Jail Time | Up to 1 year |
| Fines | Up to $1,000 |
| Probation | Up to 3 years |
| Criminal Record Impact | Creates a permanent record, affecting jobs, housing, and licensing |
| Felony Escalation Risk | If assault occurs, felony charges like assault on a police officer may apply |
Consult Top-Rated Suffolk County Criminal Defense Lawyer Jason Bassett Today
Resisting arrest charges can follow you for years. You deserve an attorney who will fight to protect your rights and challenge every aspect of the prosecution’s case.
Jason Bassett has defended clients throughout Suffolk County, Long Island, and New York against resisting arrest and related charges. Our criminal defense attorney understands how to examine arrest reports, video evidence, and witness statements to build the strongest possible defense.
Call the Law Offices of Jason Bassett, P.C. today at (631) 259-6060 for a consultation. We can review your arrest, explain your options, and fight for the best possible outcome.