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A resisting arrest charge is a Class A misdemeanor punishable by up to one year in prison. Even if you are acquitted of the original offense, you may still be convicted of a resisting arrest charge.

You want to avoid this charge if at all possible. If you already have a resisting arrest charge, you’ll want to take it seriously. While prosecutors have stopped pursuing some resisting arrest cases, the type of case they are taking a pass on is the rarest form of the charge: that is, the stand-alone charge, or the charge where resisting arrest is combined with lesser charges. This happens fewer than 250 times on average. 

Defining a “Resisted” Arrest

You may be charged with resisting arrest for any action that is interpreted as an attempt to prevent a police officer from arresting you or any other person. 

These actions could include:

1. Failing to follow an officer’s instructions.
2. Throwing a punch.
3. Shoving the officer.
4. Attempting to run from the officer.
5. Pulling away from the officer. 
6. Threats.
7. Struggling to the point where the officer has to risk injuring themself to arrest you. 

While you retain your right to free speech, it’s also a bad idea to swear at the officer, or to scream at them. This behavior can be used against you in court later. As a Brooklyn criminal defense law firm, we recommend remaining silent during, after, and throughout the arrest, speaking only to invoke your right to remain silent and your right to an attorney.

Of course, anyone can succumb to adrenaline in the moment, but the calmer you can remain during an arrest, the better. Violence against police officers may also be charged as assault, rather than as resisting arrest, which is a far more serious charge.

Defending a Resisted Arrest Charge

It is often very difficult to defend a resisted arrest charge. The police body cam footage will often back up the claim. Even when it doesn’t, it will be your word against an officer’s, and the officer is usually going to appear more credible to a jury.

A good defense lawyer may be able to get these charges reduced or dropped, but you’ll want to move quickly. This is especially important if you’ve been unfairly accused of resisting arrest. Contacting our law firm can help you make your strongest possible case, both for the resisting arrest charge and for the original charge. 

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See also:

How Does Alternative Sentencing Work in Brooklyn, NY?

4 Mistakes to Avoid When You Get Arrested in Brooklyn

What to Do If You Missed Your Brooklyn Court Date