What Are the Penalties for Resisting Arrest in New York?
Contents
What Are the Penalties for Resisting Arrest in New York?
Introduction
If you’ve been charged with resisting arrest in New York, you may be wondering what penalties you could be facing. Resisting arrest is a serious criminal offense that can lead to jail time, fines, and a permanent criminal record.At Spodek Law Group, we understand how frightening and overwhelming it can be to face criminal charges. Our skilled criminal defense attorneys have extensive experience defending clients against resisting arrest charges in New York. We’re here to protect your rights and fight for the best possible outcome in your case.
What Constitutes Resisting Arrest in New York?
Under 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 themselves or another person.In other words, if you deliberately try to stop a police officer from lawfully arresting you or someone else, you can be charged with resisting arrest. This could include actions such as:
- Running away from an officer who is trying to arrest you
- Struggling or fighting with an officer during an arrest
- Providing false identification to avoid arrest
- Helping another person avoid a lawful arrest
It’s important to note that you can be charged with resisting arrest even if the original arrest was for a minor offense or violation. Any intentional action that obstructs a lawful arrest could lead to charges.
Penalties for Resisting Arrest
In New York, resisting arrest is a class A misdemeanor offense. If convicted, you could face the following penalties:
Penalty | Description |
---|---|
Jail | Up to 1 year in jail |
Fines | Up to $1,000 in fines |
Probation | Up to 3 years of probation supervision |
Criminal Record | A permanent criminal record as a convicted offender |
As you can see, a resisting arrest conviction carries serious potential penalties that could disrupt your life. Beyond the legal consequences, having a criminal record can also impact your ability to find employment, secure housing, and pursue educational opportunities.
Defending Against Resisting Arrest Charges
If you’ve been charged with resisting arrest, don’t lose hope. There may be defenses available in your case. Some common defenses against resisting arrest charges include:
- The arrest was unlawful or not authorized
- You did not intentionally resist or obstruct the arrest
- The police used excessive force during the arrest
- You were falsely accused of resisting arrest
Every case is unique, so it’s important to consult with an experienced criminal defense attorney who can evaluate the specific facts and evidence in your case. At Spodek Law Group, we take the time to thoroughly investigate each client’s case to identify all potential avenues of defense.
Why You Need an Attorney
Facing criminal charges is not something you should handle on your own. The criminal justice system is complex, and the penalties for a conviction can be severe. An experienced criminal defense attorney can:
- Protect your constitutional rights
- Investigate your case and gather evidence
- Identify weaknesses in the prosecution’s case
- Negotiate with prosecutors for a dismissal or reduction in charges
- Argue your case at trial if necessary
- Help you understand your options and make informed decisions
At Spodek Law Group, our attorneys have a proven track record of success defending clients against all types of criminal charges, including resisting arrest. We offer personalized attention and aggressive advocacy to each and every client.
About Spodek Law Group
Spodek Law Group is one of the premier criminal defense law firms in New York City. Our attorneys have over 50 years of combined experience handling complex criminal cases at the state and federal level.We understand what’s at stake when you’re facing criminal charges, and we’re committed to doing everything in our power to protect your freedom and your future. Our attorneys are available 24/7 to answer your questions, address your concerns, and fight for your rights.Some key facts about our firm:
- We’ve successfully handled over 10,000 criminal cases
- Our attorneys include former prosecutors who understand the other side
- We’ve been featured in major media outlets like FOX News and the New York Post
- We offer affordable payment plans and free initial consultations
- We serve clients throughout New York City and the surrounding counties
If you or a loved one has been charged with resisting arrest in New York, don’t wait to get the legal help you need. Contact Spodek Law Group today at 212-300-5196 to schedule a free and confidential consultation with one of our skilled criminal defense attorneys. We’re here to fight for you.
Conclusion
A resisting arrest charge in New York is a serious matter that requires immediate attention from a skilled criminal defense attorney. The penalties for a conviction can include jail time, hefty fines, and the burden of a permanent criminal record.At Spodek Law Group, we have the knowledge, experience, and dedication to aggressively defend your rights and pursue the best possible outcome in your case. Don’t face criminal charges alone. Let our attorneys stand up and fight for you. Contact us today to get started on your defense.