A police officer came with a warrant and the next thing you know, the officer is placing you in handcuffs. At this tense moment, your initial reaction may be to pull away.
However, it is important to remember that certain actions can lead to a separate criminal charge even if you are already facing one. An aggressive action that may feel subtle to you at the moment of arrest can cause legal consequences. When you understand what legally counts as resisting arrest, you can think before you act to avoid any additional charges.
Actions that can result in a resisting arrest charge
Resisting arrest in New York is charged as a Class A misdemeanor, the most serious misdemeanor offense in the state, and is punishable by up to one year in jail, along with potential fines, probation and a criminal record. Prosecutors evaluate the intentional conduct that might hinder an officer’s efforts to make an arrest. Some of the actions that may qualify include:
- Pulling your arms away as an officer attempts to handcuff you
- Struggling, kicking or pushing during the arrest process
- Running away after an officer informs you that you are under arrest
- Physically blocking an officer’s attempt to detain you
- Threatening or aggressively confronting an officer in a way that escalates toward violence
You do not have to strike an officer to face this charge. Even just limited physical resistance can qualify as if prosecutors prove you acted intentionally. Knowing what the law considers as resistance is only the first step. Understanding how that charge may affect your record, freedom and future is vital.
Protecting your rights after an arrest
An arrest may feel stressful, especially when questions arise about how you responded during the moment of arrest. What officers claim you did can shape how your criminal case progresses. Protecting your rights starts with understanding what the prosecutors must prove and what the law requires.
Before making any statements after the arrest, speak with your attorney first and know your options. When you know about criminal defense law, you are in a stronger position to protect your record and future.