Resisting ArrestWhat sometimes can start out as a violation of Disorderly Conduct (NY PL 240.20), can result in the police taking you into custody for Resisting Arrest pursuant to New York Penal Law 205.30. Whether you are in Buffalo or the outlying townships like Amherst, Cheektowaga, or Tonawanda you now find yourself charged with a misdemeanor and in need of a Buffalo Area criminal defense attorney.
While often a legitimate charge by the police for fights during an arrest procedure, the crime of Resisting Arrest also enables law enforcement to charge you with an offense punishable by up to one year in jail for something that is minor and truly "non criminal." According to the law of Resisting Arrest in New York State , if you prevent or attempt to prevent a police officer from placing you under arrest where he or she is authorized to do so you are guilty of an "A" misdemeanor.
If you swing your arms or hold them up so that you cannot be handcuffed, that will probably establish resisting arrest. Certainly, thefacts of every case are different , but if someone intentionally tries to stop the police from making an authorized arrest it is likely they will face this charge. If convicted as an adult, this crime will permanently remain on your record.
It is important to note that if you are charged with Resisting Arrest there are certain issues you should discuss with your Buffalo Area criminal defense lawyer before considering accepting any deal.