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Resisting Arrest

Charges for Resisting Arrest

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According to New York Penal Code § 205.30, it is a crime to resist or evade arrest in any capacity. This means that you could be subject to additional charges if, in the process of being detained, you intentionally prevent or attempt to prevent a police officer from executing an authorized arrest.

If you have been charged with the crime of resisting arrest in New York City, you will need the powerful representation that we offer. With more than 60 years of experience, you can count on our professionalism during your case. If you've been charged for resisting arrest in Scarsdale, Westchester, Bronx, & Manhattan, contact us today at (800) 813-9069!

Resisting Arrest is a Class A Misdemeanor

If convicted of this crime, you would be guilty of a class A misdemeanor— punishable by up to one year in jail. To make matters worse, these penalties could be added to those that may or may not be imposed for the original offense, such as:

  • Drunk driving
  • Disorderly conduct
  • Assault

For this reason, speaking to a criminal defense lawyer should be a top priority. Discuss your situation with our team today to get started!

Under the law, what constitutes resisting arrest?

Unfortunately, it won't take much for an officer to accuse you of resisting arrest. For example, something as simple as holding your arms up could be misconstrued as an attempt to avoid being handcuffed. Even if you are not actively running away or fleeing the scene, putting up any sort of struggle could be enough to satisfy the elements of this crime. You do have the right to verbally object, but taking any sort of action to resist arrest is a crime.

What if the underlying crime is dismissed?

If you have been charged with resisting arrest, the officer must have had a reason to arrest you in the first place. So what happens if the underlying charges are later dismissed – can you still be convicted of resisting arrest? In most cases, the crime of resisting arrest will stand alone from the underlying offense. The legal team at the Law Offices of Daniel A. Hochheiser is well-equipped to help you fight for your rights.

Law Offices of Daniel A. Hochheiser is Available 24/7

When facing any sort of criminal charges, taking action quickly will be crucial to the success of your defense. For this reason, the legal team at the Law Offices of Daniel A. Hochheiser encourages you to get in touch with a criminal lawyer from our firm as soon as you have been arrested.

We are available 24/7 to discuss your case, so there is no reason why you should wait any longer to get started. Call our office today at (800) 813-9069 or submit a free case evaluation form online.

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