Law Office of Jack Kotchick

Defending Your Rights | You Are Innocent Until Proven Guilty

Know how to avoid a resisting arrest charge

Resisting arrest is a crime -- and it can add to your woes if you're already charged with another offense like disorderly conduct or drunk driving.

Unfortunately, it doesn't take much to be charged with resisting arrest. As a Class A misdemeanor in New York, resisting arrest is punishable by up to a year in jail -- and that's on top of any other penalties you are already facing. That's why it's important to understand exactly what constitutes resisting arrest so that you know what actions to avoid.

Here are some actions that can be construed as resisting arrests:

  • Pulling your hands away from an officer as the officer attempts to put handcuffs on you
  • Running away or trying to dodge an officer who is reaching for you
  • Refusing to comply with an officer's order to kneel or get on the ground
  • Getting up off the ground after an officer has ordered you to sit or kneel
  • Tussling with the officer in any way

While you can verbally object to the arrest, almost any physical action that interferes with the officer's attempt to control you and place you under arrest is likely to bring about a resisting arrest charge.

With that in mind, it's important to do the following things if you're about to be arrested -- no matter how unfair you believe the situation to be:

  1. Stay calm. Getting angry and arguing won't improve your situation.
  2. Assert your right to remain silent. Nothing you say can help you -- but it does have the potential to damage your defense.
  3. If you are ordered to sit, kneel, or lay on the ground, do so until the officer tells you that you can move.
  4. If you are ordered to put your hands on a wall or another solid object, do so until the officer tells you that you can remove them.
  5. Allow the officer to put you in handcuffs and place you in a police car without any resistance.

You stand a much better shot of avoiding long-term consequences if you don't have a resisting arrest charge tacked on to your other charges. If you are charged with resisting arrest, however, let your defense attorney know exactly what happened so that they can better advise you of all your possible defenses.

No Comments

Leave a comment
Comment Information

Hundreds of Trials Brought To Verdict | You Are In Good Hands

Attorney Advertising
Email Us For a Response

We Will Consult On Your Case For Free

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Law Office of Jack Kotchick

95 Court St.
2nd Floor
Binghamton, NY 13901

Phone: 607-821-0551
Fax: 607-296-3408
Binghamton Law Office Map

Review Us