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What Qualifies as Resisting Arrest in New York?


Any time an officer tries to place you under arrest or take you into police custody for a suspected crime, you could find yourself facing additional charges and penalties if you attempt to resist the arrest. Many people are unaware of what qualifies as resisting arrest here in New York, and they do not understand the effect their actions could have on their criminal case. Violence or outright indignation are not the only reasons you could find yourself facing charges for resisting arrest.

Struggling to get away from an officer while he or she is attempting to place you under arrest, lifting your hands above your head so the officer cannot handcuff you, trying to run away, or any other action which interferes with the police officer's legal duties can lead to a resisting arrest charge. In this type of situation, the most effective way to protect your own interests is to make a concerted effort to act in non-threatening way during the arrest, then exercise your rights to remain silent and have a lawyer present during any and all questioning.

This does not mean you do not have the right to voice your concerns or objections to the arrest; however, any physical action which can be construed as resisting arrest may lead to additional charges and penalties. This is true regardless of whether your original charges get dismissed or not. Law Offices of Daniel A. Hochheiser represents all types of criminal cases, and we are steadfast advocates for the rights of those accused of committing a crime here in New York City.

With both of our criminal defense lawyers having been former state prosecutors, we have a unique perspective on the criminal justice system and a more comprehensive understanding on how the prosecution is likely to build their cases against you. We are more than qualified to defend your rights. Having us on your side may greatly improve your chances of being able to avoid serious charges and penalties.

If you believe you have been falsely accused of resisting arrest, call a New York City criminal defense lawyer at our firm immediately.

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