RESISTING ARREST LAWYER
Resisting Arrest allegations can result in jail time. Put a Former Prosecutor on Your Team.
“I retained Christopher Brown for my DWI Charge in Binghamton. Chris did a great job with my case and I was able to avoid a DUI conviction.“
-Brian L., Client
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RESISTING ARREST IN NY
Resisting Arrest in NY is a Class A Misdemeanor. Under Criminal Procedure Law § 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.
Although many resisting arrest allegations are charged correctly, sometimes an arresting officer can claim resisting arrest, but the charge is dismissed.
FIGHT THE CHARGE
Many times we have seen good people charged with resisting arrest for merely backing away, or raising their arms during an arrest. Every arrest needs to be analyzed on a case-by-case basis, but this conduct falls short of Resisting Arrest in New York State.
One of the most important factors in defending a charge for resisting arrest is analyzing the police officer’s conduct in the first place. Pursuant to New York caselaw, the underlying arrest must be an “authorized arrest.” In other words, the arrest must be based on probable cause either by observations by the officer, for example, or in connection to a warrant. People v. Jensen, 86 N.Y.2d 248 (1995). For example, if an Officer cannot claim that somebody is resisting arrest if they had no valid arrest to make initially.
WE CAN HELP
Attorney Chris Brown has both prosecuted and defended hundreds of cases for Resisting Arrest. In 2018 alone, Attorney Brown received multiple dismissals for clients simply because the arresting Officer had no probable cause to make an arrest for the initial conduct.
One of our clients, a Binghamton Univeristy Student, was involved in an argument with an Uber Driver. A Binghamton Police Officer came over to assist and told the student to move to the sidewalk. The student did move to the sidewalk but also continued the argument with the police officer. Before long the student was placed in handcuffs for resisting arrest. We received video surveillance in the case and easily determined that the student neither resisted nor violated the law in the first instance. This case was dismissed before a fact finding hearing in Binghamton City Court.
REMEMBER: Regardless of the set of circumstances, if you are confronted by the police it is usually, if not always, in your best interest to be orderly and “compliant.” This does not mean you should merely let the police take advantage of a particular situation. At the same time, you do not want to escalate a potentially dangerous situation. In the event you are wrongly arrested or charged with certain crimes, your criminal defense attorney cannot only make the applicable motions to challenge the legality and sufficiency of the arrest and charged offenses, but he or she can explain to you the available civil remedies as well.
CALL CHRIS BROWN TO BUILD YOUR DEFENSE
Chris Brown will appear in Court with you from Day 1 and guide you through the Court Processes for Resisting Arrest. Given the server punishment, it is certainly worth obtaining an experienced Criminal Defense Attorney.
THESE CHARGES CAN BE BEAT
CHRIS BROWN LAW
Providing Expert Legal Representation in Upstate New York
WHY SO MANY TRUST CHRIS BROWN?
- Chris Brown is a Former Prosecutor so he has both prosecuted and defended hundreds of UPM Cases in almost every County in New York State.
- Chris knows the law on Larceny and has the ability to preserve your license and ultimate freedom by utilizing Statutes and Caselaw.
- In the toughest of cases, Chris has gone the extra mile to obtain the great results on tough cases.
Relax. We Can Help.
Resisting Arrest convictions in New York carry harsh penalties. Here at Chris Brown Law, we utilize every defense possible to achieve the best outcome for you case.
We will go to bat for you and personally work with the Assistant District Attorney and Judge to negotiate the best plea possible.
Everyone has the right to due process and right to be heard in Court. Attorney Chris Brown has dedicated his career fighting for good people.