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What Is the Legal Punishment for Resisting Arrest in New York?

Posted on in Criminal Defense

Queens criminal defense attorney resisting arrest

Any criminal activity is taken seriously throughout the United States, with penalties differing from state to state depending on the offense. If you are ever arrested in New York, there are specific rules that you and the police must follow. In your case, it is best to comply with a police order first and file any grievances regarding police misconduct later. Failure to obey police orders can complicate matters further, and you risk punishment in some fashion despite the police misconduct that propelled you to react. Regardless of the circumstances of your arrest, you have the best chances of presenting a successful defense if you work with a knowledgeable attorney who has an incisive understanding of the New York criminal justice system.

New York Law and Police Orders

According to the New York Penal Code, Section 205.30, “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.”

Unfortunately, this could mean that even if police arrest you unlawfully, you could receive this separate class A misdemeanor punishment. Other crimes that receive similar treatment are petit larceny, criminal mischief in the fourth degree, and assault in the third degree. Although resisting arrest is not a felony, a class A misdemeanor still has harsh consequences:

  • A court may sentence someone convicted with a class A misdemeanor with a jail sentence of at least 15 days but no more than one year.

  • For the same crime, a court can issue a fine of up to $1,000.

The Fourth Amendment and New York State law indicate that police cannot arrest without probable cause. If you are convinced that New York law enforcement officers do not have probable cause and are violating your rights, stay calm. After your release, you can work with a criminal defense attorney to prove that you were unlawfully arrested. 

Contact a Manhattan Criminal Defense Lawyer

To fight any criminal charges for disobeying police orders or to seek justice for any police wrongdoings, work with a skilled New York criminal defense attorney. At Joey Jackson Law, PLLC, we have over 20 years of proven experience providing aggressive and successful defenses for our clients who face criminal charges in the New York City area. We can help answer any questions you might have; begin building your case by calling our Manhattan office today at 833-563-9522 to arrange a private consultation.

 

Sources: 

https://www.nysenate.gov/legislation/laws/VAT/1102

https://www.nysenate.gov/legislation/laws/PEN/205.30

 

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