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New York Resisting Arrest Lawyer

New York Resisting Arrest defense can affect your freedom, record, employment, professional licensing, education, immigration status, family situation, and reputation. Lebedin Kofman LLP represents clients in New York City, Long Island, and state and federal courts when street arrests, vehicle stops, domestic calls, protest or crowd-control encounters, and allegations of physical resistance are at stake.

These cases should be reviewed early. The first decisions after an arrest or investigation can affect release conditions, orders of protection, search and statement issues, preservation of video or phone evidence, witness strategy, and the possibility of dismissal, reduction, or a favorable resolution.

What Prosecutors May Need to Prove

  • an authorized arrest
  • intentional prevention or attempted prevention of the arrest
  • body-camera, medical, witness, and officer testimony about what happened

Defense Issues to Review

  • whether the arrest was authorized
  • whether movement was reflexive, protective, confused, or caused by police force
  • whether video, injuries, or witnesses undermine the allegation

How Lebedin Kofman LLP Approaches These Cases

The defense starts by reviewing the accusatory instrument, police paperwork, body-camera or surveillance footage, 911 calls, witness statements, digital evidence, search issues, statement issues, and any collateral consequences. In the right case, counsel may intervene early, present mitigating or exculpatory information, seek dismissal or reduction, challenge illegally obtained evidence, negotiate a favorable outcome, or prepare the matter for hearings or trial.

Because many criminal cases also affect work, school, licenses, immigration, family court, or public records, strategy should account for both the courtroom outcome and the long-term consequences.

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Speak With a Defense Attorney

If you were arrested, contacted by police, served with a desk appearance ticket, or believe charges may be filed, early representation can change the direction of the case.

Related Defense Resources

Frequently Asked Questions

What should I do if I am charged with resisting arrest in New York?

Do not discuss the facts with police, complainants, witnesses, employers, schools, or online contacts before speaking with counsel. Early defense work can affect release, orders of protection, evidence preservation, negotiations, and whether the case can be reduced or dismissed.

Can a resisting arrest case be dismissed or reduced?

It depends on the facts, evidence, charging instrument, witness issues, search or statement issues, and the client’s record and goals. A defense attorney can evaluate legal sufficiency, suppression issues, proof problems, mitigation, and resolution options.

Why contact Lebedin Kofman LLP early?

Early involvement allows the defense to review the allegations, preserve helpful evidence, identify weaknesses, address collateral consequences, and position the case for dismissal, reduction, trial, or a strategic resolution.

Statute focusNY Penal Law 205.30Criminal defense hubFree consultation
Official court framework

Resisting Arrest: What Prosecutors Must Prove

NY Penal Law 205.30 - source framework: New York Criminal Jury Instructions for Resisting Arrest.

Elements and process issues

  • The People generally must prove the accused intentionally prevented or attempted to prevent a police officer or peace officer from effecting an authorized arrest.
  • The prosecution must prove the arrest was authorized, meaning the officer had legally sufficient reasonable cause or another lawful basis to make the arrest.
  • The accused must have acted intentionally; confusion, panic, physical pain, unclear commands, or reflexive movement can matter when evaluating intent.

Defense focus

  • Whether the underlying arrest was lawful and supported by reasonable cause.
  • Whether body-camera video, witness accounts, injuries, police paperwork, timing, or escalation show the accused did not intentionally resist.
  • Whether the charge was added after a contested arrest, use of force, or unclear police command and can be reduced or dismissed.

Example scenario

A resisting-arrest allegation may arise from a street stop, domestic call, vehicle stop, warrant execution, protest, or courthouse incident. Defense review should compare police reports to video, radio runs, medical records, witness statements, and the legal basis for the arrest.

Exposure and related charges

A resisting arrest charge can affect bail, plea negotiations, immigration, employment, professional licensing, and related assault or obstruction charges.

Why call Lebedin Kofman LLP?

Arrest, warrant, obstruction, bail, and probation issues are often time-sensitive. Early intervention can affect whether someone is arrested, remanded, resentenced, or positioned for a better resolution. Call 646-663-4430 for a free attorney consultation so the firm can quickly evaluate the facts, paperwork, court status, and next steps.

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