Resisting Arrest - A Real or Cover-Up Charge?
Being arrested isn't fun - and if things get out of hand, unfortunately, you could find yourself facing yet another criminal charge. Here in New York, if you try to escape or even argue during an arrest, you could be charged with the crime of resisting arrest (Penal Law section 205.30). You can also be charged with resisting arrest if you try to help another person avoid being arrested.
Resisting arrest is generally charged along with the offense that originally led to the arrest. However, it's important to realize that even if that underlying charge is dismissed, you may still face the resisting arrest charge. This is very disappointing for defendants who assume that if the initial arrest is tossed out, the resisting arrest charge should be forgotten or forgiven.
Fortunately, an experienced New York criminal defense attorney can find many potential defenses to resisting arrest. Resisting arrest can be charged for essentially any act the officer believed was "resisting," which can range from unkind words to serious violence. That means there's often no evidence other than what the arresting officer says - or sometimes, evidence with more than one explanation. To take advantage of these kinds of holes in a resisting arrest case, you should be sure to hire an experienced New York criminal defense lawyer with investigative and cross-examination skills that can bring out the truth in court.
Common Situations Where Resisting Arrest Is Charged
Resisting arrest can be charged any time a law enforcement officer believes you
were uncooperative with an "authorized arrest." This covers a wide range of
situations, including some that you might not expect to be called resisting
arrest.
Most people would agree that trying to run away or hit the officer is not cooperating with an arrest. But let's say officers are trying to arrest a man with a mental disability, and he is getting upset and fighting back. That man could be charged with resisting arrest, even though he may not understand the situation. In addition, if his sister steps in to try to explain the problem or tell the officers how to calm him down, she could also be charged with resisting arrest. Officers who are jaded by years of dealing with hostile people aren't always prepared to listen, and sometimes this creates unjust, preventable arrests.
Resisting arrest may also be charged when officers step into the middle of a fight and are hit, intentionally or unintentionally, by a flying fist. However, violence is not necessary; merely backing away is sometimes enough to support a resisting arrest charge. It can even be charged when the person being arrested put up no actual physical resistance, but criticized the officer verbally and refused to obey his commands to be handcuffed. Resisting arrest charges can be used in extreme cases as an abuse of power, to criminally charge someone whose attitude or behavior officers don't like.
Defenses to a Resisting Arrest Charge
In order to prove that you are guilty of resisting arrest in New York, a
prosecutor must show that:
- You prevented, or attempted to prevent, a police officer from making an authorized arrest.
- You did this intentionally.
If any of those elements are missing, the prosecution has not made its case. Sometimes, the missing element is intent - whether you meant to resist arrest. For example, someone who's too drunk to stand up, or suffers from a physical impairment, may not be guilty of resisting arrest if he or she genuinely couldn't cooperate and took no active steps to prevent the arrest.
You might also be able to argue that some part of the first element is missing. That is, you did not prevent or attempt to prevent the arrest; the arrest was not authorized, that is lacking probable cause; or possibly, that the officer did not adequately identify him or herself. Most often, defendants argue that the arrest was not authorized - which means there was no good reason for the officer to believe you committed a crime in the first place. Even if you did resist, you should not be convicted of resisting arrest if your New York criminal defense attorney can show that the underlying arrest was bogus. But again, if there was probable cause for the original arrest, you can still be convicted of resisting arrest even if the charges are ultimately dismissed.
This kind of defense depends heavily on the facts and what you knew at the scene. Because this so often pits your word against the officer's, it's vital to build your defense with the help of an experienced New York criminal defense lawyer.
Penalties for Resisting Arrest
Resisting arrest is a Class A Misdemeanor in New York, which means it carries a
definite sentence of up to one year of imprisonment, a fine of up to $1,000 and
up to three years of probation. However, those are the maximums. As a rule,
defendants are most likely to get probation for resisting arrest. In first
offenses, with the right defense, they may be able to plead guilty and perform
community service in exchange for reducing the charge down to a violation from a
misdemeanor. Jail is most likely when there are prior offenses, extreme cases or
serious injuries.
Get Experienced Legal Help Today
If you're charged with resisting arrest in New York, or someone you love is
facing charges, contact us and discuss how we can help. Because resisting arrest
usually rests on the officer's word, it's vital to have an attorney by your side
who knows how to uncover the truth through investigation and by
cross-examination in court.