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What Are the Penalties for Resisting Arrest in New York?

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.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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.

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