Resisting Arrest Lawyer New York | SRIS, P.C.
Resisting Arrest Lawyer New York — What Are Your Defenses?
Resisting arrest in New York is a serious offense under Penal Law § 205.30, a Class A misdemeanor carrying up to one year in jail. If you are charged, you need a Resisting Arrest Lawyer New York from Law Offices Of SRIS, P.C. Our firm has extensive experience defending clients in New York County Supreme Court and Criminal Court.
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
New York Resisting Arrest Law
In New York, resisting arrest is defined by Penal Law § 205.30. The statute makes it a crime to intentionally prevent or attempt to prevent a police officer or peace officer from effecting an authorized arrest of yourself or another person. The charge is often added to other allegations, such as disorderly conduct or assault. A key element the prosecution must prove is that the underlying arrest was authorized and lawful. If the arrest itself was not lawful, your Resisting Arrest Attorney New York can argue that the resisting charge cannot stand. The law requires specific intent, meaning you must have knowingly and purposefully acted to prevent the arrest.
Official Legal Resources
For the official text of the law, refer to New York Penal Law § 205.30 (official New York State Senate). For court procedures and forms, visit the New York County Supreme Court website.
Defending a Resisting Arrest Charge in Manhattan
Defense strategies in New York County often focus on whether the officer’s actions were lawful and whether your conduct was intentional. Many cases involve confusion or fear during a tense encounter. The 2020 bail reforms mean most misdemeanor resisting arrest charges do not require cash bail, but a conviction has lasting consequences. An experienced Resisting Arrest Law Firm New York will examine police reports, body-worn camera footage, and witness statements to challenge the prosecution’s case.
- Secure representation immediately after arrest or receiving a desk appearance ticket.
- Your attorney will obtain and review all evidence, including any body camera footage.
- A defense strategy is built, often challenging the lawfulness of the underlying arrest or the intent element.
- Your lawyer will negotiate with the District Attorney’s office, seeking a reduction or dismissal.
- If a favorable plea cannot be reached, your attorney will prepare for a hearing or trial.
- If convicted, your lawyer will advocate for the most favorable sentencing outcome.
Potential Penalties for Resisting Arrest in New York
In New York 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 (PL § 205.30) | Class A Misdemeanor | Up to 1 year | Up to $1,000 | None directly | Criminal record, immigration consequences, employment difficulties |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience and a firm-wide record of 4,739+ documented case results, we bring substantial resources to your defense. Our approach is direct and focused on the specific details of your case and the procedures of New York County courts.
Our Experience with Resisting Arrest Cases
While specific local case counts are not available for this topic, our firm has a firm-wide record of 4,739+ documented case results with over 93% favorable outcomes across Virginia, Maryland, New Jersey, New York, and DC. We actively defend clients in New York courts.
Results may vary. Prior results do not aim for a similar outcome.
Resisting Arrest Lawyer Near New York County (Manhattan)
Our New York location serves clients at New York County (Manhattan) courts. We represent individuals from neighborhoods across Manhattan, including Midtown, Lower Manhattan, Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, East Village, Financial District, Chinatown, Washington Heights, and Inwood.
Law Offices Of SRIS, P.C.
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Frequently Asked Questions
Is resisting arrest a felony in New York?
No. Basic resisting arrest under Penal Law § 205.30 is a Class A misdemeanor. However, if you cause serious physical injury to an officer, you could face more serious felony charges.
Can I be charged with resisting arrest if the original arrest was wrongful?
It depends. New York law requires the underlying arrest to be “authorized.” A skilled Resisting Arrest Lawyer New York can argue that you cannot be guilty of resisting if the officer lacked probable cause for the initial arrest. This is a common and powerful defense strategy.
What is an ACD for resisting arrest?
An Adjournment in Contemplation of Dismissal (ACD) is a common outcome for first-time offenses. The case is adjourned for six months to a year. If you are not arrested again during that period, the case is automatically dismissed and sealed. It is not a conviction.
Will a resisting arrest conviction appear on a background check?
Yes. A conviction for a Class A misdemeanor will appear on criminal background checks, which can affect employment, housing, and professional licensing. An ACD or dismissal will not.
What should I do if I am charged with resisting arrest?
First, do not discuss the incident with anyone except your attorney. Second, contact a Resisting Arrest Attorney New York immediately. An experienced lawyer can begin securing evidence, like body camera footage, and building your defense strategy from the start.