Being placed under arrest can be a frightening situation, regardless of what the underlying charge is. Unfortunately, many individuals respond by engaging in actions that law enforcement officers perceive as resisting arrest. This leads to an additional charge which can quickly compound the defendant’s legal troubles.

Receiving a resisting arrest charge is fairly common, but that doesn’t mean the charge is always justified. There may be ways to defend you against the alleged offense or negotiate a deal with prosecutors to have the charge dropped. If you or someone you love has been accused of resisting arrest, connect with the Long Island criminal defense firm of Michael A. Arbeit, P.C.

What is Considered “Resisting Arrest” in New York?

If you have ever watched police body cam footage of an arrest, you’ve probably seen criminal defendants act outrageously and even violently towards the arresting officer. Although this sort of behavior can obviously add resisting arrest charges on top of the underlying alleged crime, it’s easier than most people realize to be accused of this offense. New York’s penal code defines resisting arrest as:

“A person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person. Resisting arrest is a class A misdemeanor.”

The required elements of this charge are:

  • Intentional resistance: It must be proven that the defendant intentionally resisted the officer or obstructed the officer (e.g. in the process of arresting someone else). Deliberately impeding the officer in making an arrest, delaying the officer in doing so, or otherwise interfering with the officer’s arrest meets this standard.
  • Knowledge of the arresting law enforcement officer: The defendant must know, or should reasonably know, that the person making the arrest is a law enforcement officer. Officers will usually make it clear that they are acting in their official capacity by wearing their uniforms and identifying themselves.
  • Lawful discharge of police duties: The arresting officer has to be properly engaged in official law enforcement business such as conducting a traffic stop or investigating a crime. The activity may still be lawful even if the officer is arresting the wrong person, the underlying charges are ultimately dropped, or the suspect is acquitted of the underlying crime in court.

What Actions are Considered “Resisting Arrest”?

The vagueness of terms like “prevents” and “attempts to prevent” effectively gives law enforcement officers a fair amount of discretion in deciding rather to charge someone with resisting arrest. For that reason, a suspect in Long Island or elsewhere in New York could face this charge if they:

  • Refuse to do what the officer asks
  • Delay in their compliance with the officer’s requests
  • Throw up their hands when an officer is attempting to place handcuffs on them
  • Pull away from the officer
  • Put up a physical struggle with the officer
  • Punch, kick, or assault the officer
  • Threaten the officer
  • Run or drive away from the officer or the arrest scene
  • Prevent or try to prevent the officer from arresting someone else
  • Draw or use a weapon

Some of the above actions are relatively harmless, while others are more serious. This makes “resisting arrest” a broad charge that many officers simply tack on to the underlying arrest if they have even a minor problem with the suspect.

What is the Penalty for Resisting Arrest?

If you are found guilty of resisting arrest in Long Island, you will be convicted of a class A misdemeanor. The possible punishments include:

  • Up to one year in prison
  • Up to three years of probation
  • A fine of up to $1,000
  • Some combination of the above

A conviction will give you a criminal record which could jeopardize you in other ways. For example, you might lose your job or a professional license due to having a record. It might also be more difficult to secure housing in New York. 

Could You Be Charged With Other Crimes?

If you use force or violence to resist a law enforcement officer, you might be charged with the more serious crime of assaulting an officer. Assault on a police officer is a felony in Long Island and you could face up to 15 years in prison and a fine of up to $5,000.

Individuals who are charged with resisting arrest are sometimes also charged with the similar offense of obstruction of governmental administration. This is technically a distinct crime, but the actions that lead to this charge often overlap with resisting arrest. You may be sentenced up to a year in jail, three years of probation, and possibly other terms such as community service.

Possible Defenses to a Resisting Arrest Case

While the breadth of the resisting arrest statute leads to many people being wrongfully charged, it also opens the door to several potential defenses. If you are charged with resisting or a related crime, it is vital that you hire an experienced Long Island criminal defense attorney right away to make your best argument. Potential defenses include:

  • Prosecution’s failure to prove the elements: For example, if the defendant did not “intentionally” resist the officer, the charge could get dismissed. There are many cases in which suspects, during the arresting process, trip or fall by accident and effectively pull away. An officer could incorrectly perceive this as resistance.
  • Dismissal of the underlying crime: The underlying crime that led to the resisting arrest might be dismissed for various reasons. If this happens, the resisting charge might also be dropped. But the ultimate dismissal of a crime does not give the suspect the right to assault an officer during an arrest, so they may still be held criminally liable for a violent struggle.
  • Unlawful arrest: A police officer may have made an arrest without a required warrant or probable cause. If this happens, the suspect might be found not guilty of resisting arrest. However, it is never advisable to argue with officers on the legality of the arrest, and you should let your attorney handle such matters.
  • Self-defense: While police officers can use force in making an arrest, there are legal limits to their actions. If the law enforcement officer was behaving in an excessively violent manner or unreasonably threatening the health and life of the suspect (e.g. by engaging in police brutality), the suspect may have been justified in resisting the arrest or acting in self-defense.
  • Plea bargain: If the defendant’s actions were relatively harmless in nature, it may be possible to enter into a plea bargain with the prosecutor. This is less likely if the defendant violently resisted the arrest. A plea bargain could help you avoid some of the most severe penalties associated with a resisting arrest conviction.

Contact Our Long Island Resisting Arrest Attorney

If you are placed under arrest, it is strongly advised that you ask for a lawyer, remain silent otherwise, and be cooperative with the officer’s instructions. Failure to do so will likely only add to your legal troubles. But our law firm is here to help you defend your rights and best interests.

Have you or a loved one been charged with resisting arrest? Talk to the team at Michael A. Arbeit, P.C. Call or connect with us online today.

S 205.30 Resisting arrest.
  A person is guilty of resisting arrest when he intentionally prevents
or attempts to prevent a police officer or peace officer from effecting
an authorized arrest of himself or another person.
  Resisting arrest is a class A misdemeanor.