Resisting Arrest Lawyer Albany County — What Are Your Defense Options?
Resisting arrest in Albany County is a Class A misdemeanor under NY Penal Law § 205.30, carrying up to one year in jail. Law Offices Of SRIS, P.C. provides strong defense for these charges, focusing on police conduct and your rights. If you need a resisting arrest lawyer near me Albany County, our team is available 24/7. We offer a case-specific approach for every client.
New York Resisting Arrest Statute
In New York, resisting arrest is defined under Penal Law § 205.30. The law states a person is guilty when they intentionally prevent or attempt to prevent a police officer or peace officer from effecting an authorized arrest of themselves or another person. The prosecution must prove you acted with intent and that the underlying arrest was authorized. This is a distinct charge from obstructing governmental administration.
Last verified: April 2026 | Albany County Criminal Court | New York State Legislature
Official Legal Resources
For the official statute, refer to NY Penal Law § 205.30 (official New York State Senate). For local court procedures, visit the Albany County Court website.
Local Court Process for Resisting Arrest Charges
In Albany County, resisting arrest cases are handled in Albany County Criminal Court. New York’s 2020 bail reform means most defendants facing this misdemeanor are released on their own recognizance with a desk appearance ticket. Prosecutors often seek ACDs (Adjournment in Contemplation of Dismissal) for first offenses, which can lead to dismissal after 6-12 months.
- Receive a Desk Appearance Ticket (DAT) or be arraigned within 24 hours of arrest.
- Consult with a resisting arrest lawyer to review the arrest report and police conduct.
- Attend all court dates; your attorney may negotiate for an ACD or reduction.
- If no disposition is reached, prepare for a bench trial before a judge.
Potential Penalties for Resisting Arrest in Albany County
In Albany County, resisting arrest is a Class A misdemeanor punishable by up to one year in jail, three years of probation, and a fine of up to $1,000.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Resisting Arrest | Class A Misdemeanor | Up to 1 year | Up to $1,000 | None directly | Criminal record, possible probation, immigration consequences. |
Results may vary. Prior results do not guarantee a similar outcome.
Firm Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our firm-wide experience includes over 120 combined years in practice. We have a documented record of handling complex criminal matters. Our approach is based on detailed case analysis and a strong courtroom presence.
Case Results
Law Offices Of SRIS, P.C. has a firm-wide record of 4,739+ documented case results with over 93% favorable outcomes across our practice areas in VA, MD, NJ, NY, and DC. We actively represent clients in Albany County.
Results may vary. Prior results do not guarantee a similar outcome.
Contact a Resisting Arrest Lawyer Near Albany County
Our New York location serves clients in Albany County. We are accessible from I-87, I-90, and I-787. We serve Albany, Colonie, Guilderland, Bethlehem, Delmar, Cohoes, Watervliet, Ravena, and New Scotland.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only. 24/7 phone consultations.
Resisting Arrest Lawyer Albany County FAQ
Is resisting arrest a felony in New York?
No. Simple resisting arrest under NY Penal Law § 205.30 is a Class A misdemeanor. However, if you cause physical injury to an officer, the charge can escalate to a felony.
Can I fight a resisting arrest charge if the original arrest was wrong?
It depends. A valid defense exists if the underlying arrest was not authorized (i.e., lacked probable cause). If the officer had no legal basis to arrest you, your resistance may be justified. This requires a detailed review of the arrest circumstances.
What is an ACD for a resisting arrest charge?
An Adjournment in Contemplation of Dismissal (ACD) is a common outcome for first-time resisting arrest charges in Albany County. The case is adjourned for 6-12 months and then dismissed if you have no new arrests. An ACD is not a conviction.
Will a resisting arrest charge appear on a background check?
Yes, while the case is pending. If convicted, it will remain on your criminal record. If the case is dismissed or you receive an ACD, the record may be sealed, limiting its visibility on most background checks.
Do I need a lawyer for a resisting arrest charge?
Yes. The potential penalties include jail time and a permanent criminal record. An experienced resisting arrest lawyer can challenge the prosecution’s case, negotiate for a favorable disposition like an ACD, and protect your rights throughout the process.
How can I find an affordable resisting arrest lawyer Albany County?
Contact our firm for a consultation. We discuss fees and payment options upfront. Our goal is to provide effective representation that is accessible. Call our 24/7 line to discuss your case and our approach.
Internal Links: For more information, see our New York Criminal Defense Lawyer hub. We also assist with related charges like assault and obstructing governmental administration in Albany County. For other legal needs, consider our Albany County traffic lawyer services.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.