Resisting Arrest Lawyer Livingston County | SRIS, P.C.
Resisting Arrest Lawyer Livingston County — What Are Your Defense Options?
Resisting arrest in Livingston County is a Class A misdemeanor under NY Penal Law § 205.30, carrying up to 1 year in jail. Law Offices Of SRIS, P.C. provides defense for these charges in Livingston County Criminal Court. Our firm-wide experience includes 4,739+ documented case results. If you need a resisting arrest lawyer near me Livingston County, contact us for a case review.
New York Resisting Arrest Law & Definition
In New York, resisting arrest is defined under Penal Law § 205.30 as intentionally preventing or attempting to prevent a police officer from making an authorized arrest. The statute requires that the arrest be authorized, meaning the officer must have probable cause. The prosecution must prove you acted with intent to prevent the arrest, not merely that you struggled or were uncooperative. This charge is often added to other underlying offenses, such as disorderly conduct or assault.
Last verified: April 2026 | Livingston County Criminal Court | New York State Legislature
Official Legal Resources
For the full text of the law, see NY Penal Law § 205.30 (official New York State Senate). For court procedures, visit the Livingston County Court website.
Local Court Process for Resisting Arrest Charges
In Livingston County, resisting arrest cases are heard in Livingston County Criminal Court. Under New York’s 2020 bail reform, most misdemeanor arrests, including resisting arrest, result in a Desk Appearance Ticket (DAT) rather than custodial arrest and bail. You will be released with a future court date. The prosecution must be ready for trial within 90 days under CPL § 30.30. An affordable resisting arrest lawyer Livingston County can challenge the legality of the underlying arrest, which is a common defense.
- Receive Desk Appearance Ticket (DAT) or Arraignment: You will be given a court date, typically at Livingston County Criminal Court in Geneseo.
- Initial Appearance & Plea: You will be formally charged and enter a plea of not guilty. Your lawyer will request discovery from the District Attorney’s office.
- Pre-Trial Conferences: Your attorney will negotiate with the prosecutor, often seeking a reduction to a violation or an ACD disposition.
- Motion Practice: Your lawyer may file motions to suppress evidence or dismiss the charge if the underlying arrest was unlawful.
- Trial or Disposition: If no plea agreement is reached, your case will proceed to a bench trial before a judge.
- Sentencing or Dismissal: If convicted, the judge will impose sentence; if an ACD is granted and completed, the case is dismissed and sealed.
Potential Penalties for Resisting Arrest in NY
In Livingston County, resisting arrest is a Class A misdemeanor punishable by up to 1 year in jail, 3 years of probation, and a fine of up to $1,000.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Resisting Arrest (PL § 205.30) | Class A Misdemeanor | Up to 1 year jail | Up to $1,000 | None directly | 3 years probation, permanent criminal record, immigration consequences. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Resisting Arrest Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We have a documented record of 4,739+ case results firm-wide with a high rate of favorable outcomes. Our approach focuses on the specific details of your interaction with law enforcement to build a strong defense.
Case Results & Client Outcomes
While specific case results in Livingston County are part of our confidential client record, our firm-wide track record demonstrates our capability. Law Offices Of SRIS, P.C. has handled 4,739+ documented criminal case results across our service areas with a high rate of favorable outcomes, including dismissals, reductions, and favorable pleas.
Results may vary. Prior results do not guarantee a similar outcome.
Resisting Arrest Defense in Livingston County, NY
Our New York location serves clients throughout Livingston County, including Geneseo, Dansville, Mount Morris, Avon, and Caledonia. We represent clients at the Livingston County Criminal Court.
Contact Our Resisting Arrest Lawyer Near Me Livingston County:
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
Address: 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202
Availability: 24/7 phone consultations. In-person meetings by appointment only.
Frequently Asked Questions (Resisting Arrest in Livingston County)
Is resisting arrest a felony in New York?
No. Basic resisting arrest under Penal Law § 205.30 is a Class A misdemeanor in New York. However, if you cause serious physical injury to an officer, it can be charged as a felony.
Can I fight a resisting arrest charge if the original arrest was illegal?
Yes. A key defense is challenging the lawfulness of the underlying arrest. If the officer lacked probable cause, your resistance may be justified, and the charge should be dismissed. An experienced resisting arrest lawyer Livingston County can file a motion to suppress evidence from the illegal arrest.
What is an ACD for resisting arrest?
An Adjournment in Contemplation of Dismissal (ACD) is a common outcome for first-time offenders. The case is adjourned for 6-12 months. If you have no new arrests during that period, the charges are automatically dismissed and sealed. It is not a conviction.
Will a resisting arrest charge appear on a background check?
Yes, unless it is sealed or dismissed. A conviction will appear. An ACD disposition results in sealing. An affordable resisting arrest lawyer Livingston County can often negotiate for an ACD or reduction to help protect your record.
What should I do if I am charged with resisting arrest?
Do not discuss the incident with anyone except your attorney. Contact a lawyer immediately. Preserve any evidence, such as witness contact information or photos of injuries. Attend all court dates. A lawyer can advise you on the specific defenses available in your case.
Related Legal Services in Livingston County
If you are facing other charges, we also provide representation for: Criminal Defense in Livingston County, DUI/DWI charges, and Family Law matters. For a full list of our New York services, visit our New York Criminal Defense hub page.
Page Last verified: April 2026. Laws and procedures change. For the most current advice regarding your resisting arrest charge in Livingston County, contact Law Offices Of SRIS, P.C. at (888) 437-7747.