Facing resisting arrest charges in Nassau County or anywhere on Long Island can be a stressful and uncertain experience. These charges carry serious penalties, and knowing how to navigate the legal process is crucial to protecting your rights. By understanding what resisting arrest is and the defenses available to you, you can take the first step toward a better outcome. With a top-rated Long Island criminal defense lawyer by your side through your resisting arrest case, you’ll have the guidance needed to safeguard your future.
What is Resisting Arrest?
Resisting arrest, under New York Penal Law 205.30, occurs when someone intentionally prevents or tries to prevent a police officer from making a lawful arrest. To better understand this charge, let’s break down two important elements:
- Intentional Action: Your actions must be deliberate. This means that you knowingly and purposely tried to interfere with the arrest, not by accident or misunderstanding.
- Authorized Arrest: For the charge to hold up, the officer must have had reasonable grounds to believe you committed a crime. The officer doesn’t need to prove it at the moment of arrest, but they must have credible information suggesting that you were involved in criminal activity.
Example: If a Nassau County police officer tries to arrest you for a suspected theft, and you physically push them away, you could be charged with resisting arrest. However, if the officer lacked reasonable grounds, this charge could be challenged in court.
Key Legal Terms Involving Resisting Arrest Charges
Understanding the legal terms related to resisting arrest can make a significant difference in your case. Here’s a clearer look at these terms, along with practical examples from Nassau County to illustrate their application.
Reasonable Cause: This term means the officer must have concrete facts or evidence suggesting that a crime was committed. The belief that a crime occurred should be based on information that would make a reasonable person think it’s likely you were involved. The officer doesn’t need to prove your guilt right away but must have a justified belief based on the facts.
- Example: Suppose you’re in Garden City and an officer sees you leaving a store where a theft was reported earlier. If a store employee identifies you as the person who took an item, the officer has reasonable cause to arrest you. Even if further investigation is needed to confirm the theft, the initial belief was based on credible information.
Awareness of Arrest: You don’t always need to be told explicitly that you’re under arrest. If the situation clearly indicates an arrest, such as a uniformed officer trying to handcuff you, the court may infer that you were aware of the arrest. The actions and context of the situation are often more important than specific words.
- Example: A uniformed Hempstead police officer approaches you, identifies themselves, and begins to restrain you. Even if the officer doesn’t say, “You’re under arrest,” the act of restraining you and the officer’s presence can signal to the court that you were aware of the arrest.
Intentional Resistance: To uphold a resisting arrest charge, the prosecution must show that you intentionally resisted the arrest. Your actions need to be deliberate rather than a result of confusion or fear. If you reacted out of panic, it may not be considered intentional resistance.
- Example: While in Freeport, if an officer approaches to arrest you for disorderly conduct and you instinctively push them away. You might then argue that this was a natural reaction to fear.
Lawfulness of Arrest: It’s crucial to determine if the arrest was lawful. The officer must have had reasonable cause and followed legal protocols. If the arrest lacked proper cause or involved excessive force, the resisting arrest charge could be challenged.
- Example: In Mineola, if an officer tries to arrest you based on an unreliable anonymous tip with no other supporting evidence, the arrest may be deemed unlawful. Your defense could argue that because the officer lacked reasonable grounds, the resisting arrest charge should be dismissed.
Excessive Force: If an officer used more force than necessary during the arrest, your reaction might not be seen as resisting. If the officer’s actions were excessively aggressive, your response could be viewed as self-defense.
- Example: In Oyster Bay, an officer attempts to arrest you for trespassing but violently restrains you. You could argue that you were trying to protect yourself when you moved away from the officer.
Effective Defense Strategies for Resisting Arrest Charges on Long Island
Facing resisting arrest charges on Long Island can be daunting, but there are several strategies to challenge these allegations. Here are some of the most effective defenses:
- Challenge the Lawfulness of the Arrest: If the arrest wasn’t lawful, the resisting arrest charge may not stand. This defense argues that the officer did not have reasonable grounds to arrest you in the first place. For example, if they acted on incorrect information, your attorney could argue that the arrest was illegal.
- Prove Lack of Intent: For the charge to stick, the prosecution must prove that you deliberately tried to interfere with the arrest. If your actions were accidental, out of confusion, or reflexive, this could serve as a strong defense. For instance, if you were startled by the officer and instinctively pulled away, this might show there was no intention to resist.
- Excessive Force Defense: If the officer used unnecessary or excessive force, you may have been reacting out of self-defense, not resistance. Your Resisting Arrest attorney can argue that your actions were reasonable and that you weren’t trying to prevent the arrest.
- Medical or Mental Condition Defense: If you were suffering from a medical condition, mental health crisis, or were physically unable to comply with the officer’s orders, this could also be a defense. For instance, if you have a documented medical condition that prevented you from moving as quickly as the officer demanded, this could explain your resistance.
- Misidentification or Confusion: In chaotic situations, it’s possible that the officer may have mistaken your actions for resistance when you were actually complying or confused about what was happening. Your Long Island Resisting Arrest attorney can present evidence showing that you were not intentionally resisting.
Penalties for Resisting Arrest
Resisting arrest is classified as a Class A misdemeanor in New York, which means it’s considered a crime. Here’s what you could face if convicted:
- Imprisonment: A conviction can lead to up to 1 year in jail. However, courts sometimes allow intermittent or split sentences, meaning you might serve only part of the time, depending on your case.
- Probation: Instead of, or sometimes in addition to, serving jail time, you may be placed on probation for 2 to 3 years. You would then need to check in with a probation officer and follow court-ordered conditions, such as attending counseling.
- Conditional or Unconditional Discharge: In some cases, you might be released without jail time but required to meet certain conditions, such as staying out of trouble for a year. In other cases, an unconditional discharge means you’re released without any strings attached.
- Fines: The court could impose fines up to $1,000, plus mandatory surcharges and fees, like the crime victim assistance fee.
- DNA Database Fee: You may be required to pay a $50 fee to enter your information into the DNA databank, along with other surcharges.
Why You Need an Experienced Long Island Resisting Arrest Defense Lawyer
When facing resisting arrest charges, having a skilled criminal defense attorney can make all the difference. Here’s why:
- Deep Local Expertise: Our team knows Nassau County and Suffolk County courts inside and out. We understand how resisting arrest charges are typically handled in these areas and can tailor your defense accordingly. Local knowledge can give you an advantage, as every county has its own way of approaching cases like these.
- Personalized Defense: Every case is unique, and we make sure to craft a defense strategy that fits your specific situation. Whether it’s challenging the lawfulness of the arrest or proving that your actions weren’t intentional, we leave no stone unturned.
- Client-Focused Approach: We prioritize your needs and concerns throughout the entire legal process. We understand how stressful facing criminal charges can be, and we’re here to guide you every step of the way. You’ll never feel like just another case. We will take the time to build a defense that’s designed for your best interests.
- Proven Results: With years of experience in criminal defense, we’ve successfully defended many clients against resisting arrest charges. We know how to negotiate with prosecutors and fight in court to protect your rights and future.
- Protecting Your Future: A resisting arrest charge can have lasting consequences on your life. It can affect your job, your reputation, and even your family. We take our role seriously and fight to minimize these consequences so you can move forward with your life.
Take Control of Your Long Island Criminal Case
If you’re facing a resisting arrest charge on Long Island, don’t wait to seek legal guidance. At The R.M.L. Law Firm, PLLC, we’re dedicated to providing personalized, effective defense strategies that protect your rights.
Let us help you safeguard your future with the local expertise and commitment you deserve. Contact us today for a free consultation and take the first step toward resolving your case.
