Obstruction of justice is a serious offense, and when dealing with the police, resisting arrest can complicate what could have been a straightforward case. When officers of the law are carrying out their duty and are knowingly resisted by persons involved, this may hamper their ability to complete their duties. This will affect not only the outcome of the situation at hand but may also result in criminal charges for those obstructing the officer. Therefore, it is important to understand what constitutes resisting arrest in New York to help support officers of the law and avoid penalties.
For more information about your legal rights, consider speaking with an experienced criminal defense attorney from The Law Office Of Benjamin Greenwald by calling (845) 567-4820.
Definition of Resisting Arrest
Understanding what the law defines as resisting arrest can help to clarify criminal law cases and determine whether or not there will be a single charge for the crime or a second for evading the law. The New York State Unified Court System defines resisting arrest as any action that an individual takes to prevent or attempt to prevent a police officer or peace officer from conducting an authorized arrest of that individual or another.
This is specifically an intentional and willful action taken against a police officer to prevent an arrest. The accidental prevention of an arrest by external parties will likely not be considered a felony. However, if it is clear that the individual in question took intentional action to avoid or escape the police officer, this will be considered resisting arrest.
In addition to this, the arrest must be authorized and within the police officer’s or peace officer’s jurisdiction. If the police officer was acting unlawfully or did not have proper authorization for the arrest, a charge for resisting arrest may not stand in court. The officer must have reasonable suspicion to make an arrest, even if the officer does not have definitive proof.
What Actions Are Considered Resisting Arrest?
However, sometimes it may not be clear what counts as resisting arrest legally. Determining the motivation behind the action may also affect whether or not the action is considered criminal. Despite this, several actions generally result in a charge of resisting arrest.
Threats of Violence
Verbally attacking or otherwise threatening violence against a police officer or other officer of the law may be considered resisting arrest. By opposing the officer, even if only verbally, the individual is impeding their duty to enact justice and promote safety.
Evading Law Enforcers
Attempting to dodge, run from, or otherwise escape an officer of the law is generally considered resisting arrest. This would include fleeing from an officer, whether on foot, in a vehicle, or even on public transport. If the individual is aware of the officer of the law but fails to stop and surrender themselves, this could be considered resisting arrest. In certain circumstances, such as a DUI/DWI offense, failure to pull over in response to a police vehicle could also be considered resisting arrest.
Physical Struggle
Physically attacking or struggling against a police officer may also be considered resisting arrest. Similar to threatening violence verbally, actually engaging physically with an officer of the law may result in a resisting arrest charge. Depending on the circumstances leading to the arrest, this may also involve a disorderly conduct charge under PL 240.20. In addition to this, physically obstructing or blocking an officer from pursuing a suspect may also have the same effect.
An experienced criminal defense attorney from The Law Office Of Benjamin Greenwald can help more accurately determine what situations may or may not be considered resisting arrest.
Purposes of Resisting Arrest Law
Police officers and other officers of the law exist to protect innocents, enforce the law, and ensure that justice is carried out properly. They are an essential part of the United States justice system, and by obstructing or resisting them, an individual may prevent proper justice from being carried out.
Therefore, the State of New York implemented PL 205.30, which states that resisting arrest is a criminal offense. By ensuring that officers of the law can operate effectively and safely without interference from those who would do them harm.
Why Is Resisting Arrest a Criminal Offense?
Generally, when fleeing from or resisting an officer of the law, it is unlikely that the circumstances surrounding such are civil in nature. Most states classify resisting arrest as a misdemeanor, as it helps ensure that law officers can safely carry out their jobs. Similarly to the difference between a standard car accident and a hit-and-run, evading justice is just as serious of an offense as any other crime, as it damages the foundation of the judicial system.
Penalties for Resisting Arrest
In New York, resisting arrest is considered a Class A misdemeanor, which means it is a felony offense that may go on an individual’s criminal record. A permanent criminal record can be detrimental in many aspects of an individual’s life, including job searching and many others.
In addition to a permanent record, and because resisting arrest is a criminal offense, this charge may also result in up to 364 days of jail time, fines, and probation. New York State can dispense up to $1000 in fines per Class A misdemeanor, as well as 2-3 years of probation.
Frequently Asked Questions
Listed below are some of the frequently asked questions regarding resisting arrest in New York.
Am I Still Guilty Of Resisting Arrest If the Underlying Charge is Dropped?
Resisting arrest is considered its own offense. Regardless of the offense that prompted the arrest, an individual may still be considered guilty of resisting arrest. In addition, if neither charge is dismissed, the individual may face penalties for both offenses.
Is Resisting Arrest a Felony?
Resisting arrest is considered a Class A misdemeanor, which means is it categorized as a criminal offense, though not as severe as a felony.
Contact a New York Criminal Defense Attorney
Resisting arrest can complicate the legal proceedings of what might have been a standard criminal case. In addition to added penalties, there are other complications introduced. Sometimes, resisting arrest charges are issued falsely or in response to minor or unintended resistances. Therefore, understanding the landscape of criminal law can help clarify the matter and ensure that extra penalties are not administered where they are not due.
An experienced criminal defense attorney from The Law Office Of Benjamin Greenwald can help to examine the law and clarify the situation to ensure compliance with the laws and present a defense in a criminal law case. To schedule a consultation, call (845) 567-4820.
