Resisting arrest is a crime. Even if the arrest is for something you did not do, resisting it can lead to charges for resisting arrest as a separate crime. Therefore, it’s never in anyone’s best interest to resist an arrest, whether it’s their own or someone else’s, regardless of the circumstances.
If you are facing resisting arrest charges in New York, it is crucial to seek the assistance of an experienced Suffolk County criminal lawyer. At the Law Offices of Jason Bassett, P.C., our skilled attorney, Jason Bassett, can help you review the circumstances of your arrest to determine whether the police officer acted lawfully and whether your rights were respected. Contact us today at (631) 259-6060 to schedule a consultation.
What is Legally Considered Resisting Arrest?
Under New York Penal Law 205.30, you can be found guilty of resisting arrest if you intentionally prevent or attempt to prevent a police officer or peace officer from effecting an authorized arrest of yourself or of another person. Even when you did not commit the crime you are being arrested for, resisting arrest on its own is a crime in New York.
What are the Ways that You May Be Charged With Resisting Arrest in New York?
Unfortunately, you only have to do very little for a law enforcement officer to charge you with resisting arrest.
While you have the right to verbally object to an arrest if it is not a forceful verbal objection, any physical action or refusal to do what the officer says can be considered resistance.
Any physical movement can be interpreted as resistance, even if you don’t mean it to be, and an officer is authorized to arrest and charge you for both the crime you are suspected of as well as the resistance charge. Consequently, it is in an individual’s best interests to comply with the officer to ensure that any actions are not misinterpreted.
Is Resisting Arrest a Secondary Charge?
Resisting arrest is often considered a secondary charge because it typically arises during an arrest for another alleged offense. When law enforcement officers attempt to detain someone, and that person actively resists, whether physically or through non-compliance, an additional charge of resisting arrest may be added. This charge is meant to address the behavior that obstructs the police from carrying out their duties.
However, resisting arrest is not exclusively a secondary charge. In some cases, it can stand alone if the individual’s actions meet the legal definition of resistance, even if no other charges are initially involved. For instance, an individual might resist being detained during an investigation, leading to this charge even if the initial suspicion does not result in another offense.
In New York, resisting arrest is treated as a separate offense under the law and can carry its own penalties, including fines and possible jail time. The circumstances, such as the nature of the resistance and the events surrounding the arrest, play a significant role in how the charge is pursued.
Individuals facing this charge may find it beneficial to consult with a New York criminal defense attorney. At the Law Offices of Jason Bassett, P.C., our experienced lawyer can examine the circumstances of the arrest and determine whether the charge aligns with legal standards. Contact us today to schedule a consultation.
What are the Penalties for Resisting Arrest in New York?
Resisting arrest is considered a Class A misdemeanor, carrying penalties of
- Up to 364 days in jail
- Probation up to 3 years
- Fines of up to $1,000
If you are convicted of resisting arrest, even if you aren’t convicted of the crime you were being arrested for, you will have a criminal record that can follow you for the rest of your life.
Are There Defense Options For Resisting Arrest Charges?
Fortunately, your New York criminal defense attorney has several ways of defending you against charges of resisting arrest.
- Your attorney may show that your actions had been misinterpreted by the arresting officer, not attempting to resist the arrest.
- Your resistance was a self-defense move against the officer’s unreasonable use of force.
- The arrest was unlawful.
The defense strategy used by your attorney will vary depending on the other details of the case.
Is Resisting Arrest A Felony?
Resisting arrest is a grave offense that can result in severe consequences, classified as a class A misdemeanor in New York. Those convicted of this offense may face probation, a fine of up to $1,000, and up to 364 days of imprisonment.
There are multiple ways to resist arrest, and any effort to obstruct an officer from carrying out a lawful arrest can lead to charges. This includes physical resistance or failure to follow an officer’s commands.
It is crucial to understand the potential implications of resisting arrest and comply with an officer’s instructions during an arrest. Even if you believe the arrest is unjust, it is not worth the risk of facing criminal charges and potential imprisonment.
If you find yourself being arrested, it is crucial to comply with the officer’s instructions and seek the guidance of an experienced criminal defense attorney. An experienced Long Island criminal defense lawyer can help you look into the details of your arrest to see if the arresting officer acted appropriately and if your rights were violated during the arrest.
| Defense Option | Details |
|---|---|
| Misinterpreted Actions | Demonstrating that your actions were not intended to resist arrest but were misunderstood by the arresting officer. |
| Self-Defense Against Excessive Force | Arguing that any resistance was a reaction to the officer’s unreasonable use of force. |
| Unlawful Arrest | Showing that the arrest itself was not lawful, which invalidates the resisting arrest charge. |
Experienced Criminal Defense Attorneys in New York
If you have been charged with resisting arrest in New York, it is important to seek guidance from an experienced New York criminal defense lawyer to avoid facing other serious criminal charges unnecessarily.
Call Suffolk County criminal lawyer Jason Bassett and the criminal defense team at the Law Offices of Jason Bassett at (631) 259-6060 or contact us online for a free consultation. We can help ensure your legal rights are protected every step of the way.
