New York Resisting Arrest Laws

Every state has laws against resisting arrest, and New York is no exception. If you interfere with a law enforcement officer while they are trying to arrest you, the state can charge you with resisting arrest, a Class A misdemeanor in New York.

If the state files resisting arrest charges against you, you’ll face criminal penalties for resisting arrest and the underlying crime you committed. You will face stiff penalties and fines, and a conviction for resisting arrest will also be on your criminal record.

This article examines and explains how New York‘s resisting arrest laws work, including a definition of the crime and the resulting penalties. If you’re facing any criminal charges in New York State, contacting a local criminal defense lawyer is a very good idea.

What It Means To Resist Arrest in New York

Under New York Penal Law, a person resists arrest when they intentionally prevent or try to prevent a police officer from making a lawful arrest.

This can happen in several ways, including:

• Using physical force to avoid arrest
• Refusing to let the officer put handcuffs on you
• Running away or fleeing the scene
• Refusing to pull over when the cops try to pull you over for suspicion of DWI
• Refusing to leave your house with a police officer after a call for domestic violence

This list is not exhaustive. If you try to avoid arrest in any way, you may face additional charges of resisting arrest or obstruction of justice.

New York Resisting Arrest Laws: The Basics

Below are important highlights of New York‘s laws regarding the crime of resisting arrest for easy reference.

Statutes

New York Penal Code Section 205.30

Resisting Arrest Definition

One resists arrest by intentionally preventing (or attempting to prevent) a police officer (or peace officer) from making the authorized arrest of any person, including yourself.

Crime Classifications and Penalties

• Resisting arrest is a Class A misdemeanor and separate from the crime you were being arrested for.
• A Class A misdemeanor carries up to one year in jail or up to 3 years’ probation plus a fine of up to $1,000. The court can increase the fine to twice what you gained from committing the underlying crime.

Defenses Against Resisting Arrest Charges

• Proof that you were not, in fact, resisting arrest
• Self-defense against an officer’s unreasonable use of force
• The arrest itself was unlawful

Keep in mind that you cannot argue that you resisted arrest because you didn’t believe the officer had probable cause to arrest you. This is something your criminal defense attorney can raise in your criminal case.

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While FindLaw strives to provide the most current information, consult a local criminal defense lawyer or conduct additional research to verify your state laws.

Get Professional Legal Help With Your New York Resisting Arrest Case

Unless you’re acting in self-defense against an officer’s unreasonable use of force, submitting to a lawful arrest is always in your best interests. You can challenge the arrest in court, but having a charge of resisting arrest tacked on won’t help.

If you’re facing charges for resisting arrest or a related crime, seek legal advice from a New York criminal defense attorney. Your lawyer will review your case and do their best to negotiate a dismissal or a favorable plea bargain.

Related FindLaw Resources

• Resisting Arrest
• When Is an Arrest a Legal Arrest?
• What Procedures Must the Police Follow While Making an Arrest?
• New York Consolidated Laws and Constitution