Resisting arrest is a serious charge and it’s one that’s not well tolerated in the state of New York. If you’re facing the accusation of resisting arrest, you may be worried that no one will take your word over the arresting officer’s — and rightly so. Having resisting arrest charges reduced or dismissed can be quite difficult, especially if the officer in question is friendly with the judge assigned to your case. Here’s how you can get the help of an experienced criminal defense lawyer to increase your chances of success.
What Is Resisting Arrest?
Simply defined, resisting arrest occurs when a person knowledgeably and willfully attempts to prevent a police officer from placing them under arrest, handcuffing them, placing them into a squad car and escorting them to the station. These actions could include but are not limited to:
- Running away
- Forcefully resisting being handcuffed
- Providing police with false identification
- Making threats to the arresting officer
However, there are some things that police officers like to consider resisting that actually aren’t. For example, swearing while being arrested is not considered resisting arrest unless you are also engaging in one of the above behaviors. Understanding what resisting arrest is and what it isn’t is the first step to determining what your best strategy to fight the charges against you is.
How to Defend Against Resisting Arrest
There are several defenses that can be used in a resisting arrest case, like:
- Self defense. If the officer was committing police brutality during the arrest, it may be able to be argued that the accused was simply protecting themselves.
- Unlawful arrest. If the officer who arrested you did not have the right to do so, such as arresting you while unlawfully searching your home, you may be able to have the charges dismissed.
- Actual innocence. If what you did while being cuffed and escorted to the police station amounted to little more than being belligerent, you may be able to argue that you never met the criteria for a resisting arrest charge.
- The police officer did not identify themselves. If you were arrested by someone you didn’t know was a police officer because they didn’t identify themselves, you may be able to fight the charges based on the fact that you didn’t know you were resisting law enforcement.
Contact an Attorney Today
If you were charged with resisting arrest in New York, don’t hesitate to get help protecting your rights under the law from a seasoned criminal defense lawyer. Contact Schwartz & Krysinski, LLP today by calling 718-208-6094.