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Resisting arrest is classified as a class A misdemeanor under § 205.30 of the New York Penal Law. If convicted, a person can face a jail sentence of up to one year in prison.
When a person is arrested for resisting arrest, it’s not uncommon for Police Officers to charge that individual with obstructing governmental administration as well.
You should know that these two charges are quite common. They are often added to an underlying crime if circumstances call for it.
For example, if you are accused and being placed under arrest for robbery, and somehow during the arrest, you didn’t comply and moved around with your arms, the police may wind up charging you with resisting arrest in addition to robbery. Yes – and the police officer need not have been injured (if the officer was injured, you might be charged by the police for felony assault).
Now – you’re not only faced with a robbery charge, you have also been charged with resisting arrest (and perhaps obstructing governmental administration). What’s this all about?
The New York Penal Law provides under § 205.30 that an individual is guilty of resisting arrest if he intentionally prevents or attempts to prevent an officer from effecting an arrest of the individual or another person.
But what if you feel that you were arrested for what you believe is no reason or a reason that you thought was wrong?
It’s best to be compliant and peacefully put your hands behind your back and surrender. You do not want to fight your battle with the police as they are placing you under arrest. You can get hit with an additional charge. It’s better to have your criminal defense lawyer fight your battle in court.
If you are charged with resisting arrest, you should consult with a criminal defense lawyer who can examine the underlying accusation and identify weaknesses in the prosecution’s case.
Call Attorney Kyce Siddiqi at (646) 930-4488 to review and discuss your case.