Resisting arrest is a serious offense in New York. While many people are familiar with this charge, very few understand what actions constitute this offense. If you are accused of resisting arrest, it’s advisable to contact an experienced Rockland County Criminal Defense Attorney who can help shield you from an uncertain future. Please continue reading as we explore the penalties you can face for resisting arrest in New York.
What is Resisting Arrest?
Resisting arrest is enshrined in New York Penal Law § 205.30, which stipulates “a person is guilty when he intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person.” Essentially, this charge applies when a person intentionally interferes with a lawful arrest. This interference cna take various forms, including physical resistance, verbal threats, or creating obstacles that hinder the arresting officer.
Resisting arrest doesn’t require successful prevention of the arrest; merely the act of resistance is sufficient for the charge. Under the law, even passive resistance, like refusing to move or follow an officer’s instruction, may be construed as resisting arrest. It’s important to note that verbal resistance alone is not sufficient to constitute a resisting arrest charge. To be a valid offense, there must be a physical act of resistance. For example, pushing the officer away or running away would be considered resisting arrest.
Is This a Criminal Offense in New York?
If you have been accused of resisting arrest in New York, you can be charged with a Class A misdemeanor, which is the highest level of misdemeanor in the state. This carries a term of imprisonment of up to 364 days, probation, and up to $1,000 in fines. However, a second violation within five years of a previous conviction can be upgraded to a Class E felony. A Class E felony carries a term of imprisonment of up to four years, probation, and up to $5,000.
Resisting arrest can lead to additional charges. For instance, if you physically assault the officer or obstruct the officer’s duties, you can face charges like assault or obstruction of justice. Even seemingly minor acts of resistance, like refusing to cooperate, can be considered interference with their duties and lead to criminal charges.
Given the severity of this offense, it’s in your best interest to contact an experienced criminal defense attorney from The Law Office of Carl Spector, who can evaluate the circumstances of the arrest, explore potential defenses, and provide crucial guidance throughout this complex legal process. Connect with our firm today to learn how we can fight for you.
