Contrary to popular belief, resisting arrest is not a minor infraction but a significant legal matter with potentially serious ramifications. Although the charge might seem straightforward, the precise definition of what actions constitute resisting arrest is often misunderstood. Consequently, individuals may find themselves facing these charges without fully understanding the implications. If you are confronted with accusations of resisting arrest in New York, securing the counsel of our adept Suffolk County Drug Crime Lawyers is crucial to safeguard your rights and navigate the complexities of the legal system. Please continue reading as we explore the potential penalties you can face for this offense.
What is Resisting Arrest?
According to 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 himself or another person.” This charge applies when someone intentionally interferes with an authorized arrest through actions such as physical resistance, verbal threats, or creating obstacles.
You should note that the arrest does not need to be thwarted for the charge of resisting arrest to apply; the act of resistance itself is enough. Even passive resistance, such as refusing to move or comply with an officer’s commands, can constitute resisting arrest. However, verbal resistance on its own is not sufficient for this charge. A physical act of resistance, such as pushing an officer or fleeing the scene, is required for this offense.
Is This a Criminal Offense in New York?
In New York, resisting arrest is classified as a Class A misdemeanor. Penalties include up to 364 days behind bars, probation, and monetary fines of up to $1,000. A second conviction within five years can be elevated to a Class E felony under certain circumstances, This carries a potetnial prison sentence of up to four years, probation, and fines of up to $5,000.
Resisting arrest can also lead to further charges. Actions such as physically assaulting an officer or obstructing their duties can result in assault or obstruction of justice charges. Even seemingly minor acts of non-compliance can be considered interference and lead to far-reaching criminal charges.
Given the serious nature of these charges in New York, consulting an experienced Long Island criminal lawyer from Castro & Trodden, LLC is highly recommended. Do not face these serious charges alone. Our firm can assess the circumstances surrounding your arrest, explore possible defenses, and offer essential support throughout every step of the legal process. We are committed to pursuing the best possible outcome for your case. Contact us today to discover how we can advocate for your rights and interests.
