Manhattan criminal attorney Russ Kofman (https://www.lebedinkofman.com/how-to-get-a-resisting-arrest-charge-dropped-in-new-york/) releases a new article explaining how to get a resisting arrest charge dropped in New York. The lawyer mentions that resisting arrest or obstructing the police in arresting another person is illegal under New York law. In New York, resisting arrest is a class A misdemeanor, and a person who is convicted can be subject to a fine of up to $1,000 and up to one year in prison.
“The law on resisting arrest was created as a deterrent to help protect police against individuals who might want to flee or fight back in the process of getting arrested. It also helps ensure that the process of legal arrests goes as smoothly as possible given that they can be stress and anxiety-inducing situations. However, complications might ensue when the defendant acts out in the heat of the moment, regardless of how simple or insignificant their actions are,” the Manhattan criminal attorney says.
The lawyer explains that there is no clear-cut way in which resisting can be defined. A defendant may verbally protest the arrest without any other form of physical struggle and this can be considered as resistance. Even if the accused just pushed the police officer away or raised their hands to prevent being handcuffed, they may face a charge of resisting arrest.
Attorney Russ Kofman adds that a person being arrested should not act rashly. While it may be tempting to protest, being charged with resisting arrest in addition to underlying charges can have a significant impact on a person’s life. This is why it is important to seek the help of an experienced attorney right away.
In the article, the lawyer says, “It is important to note that even if the original charges that caused the reason for the arrest are dismissed, the charge of resisting arrest may still stand alone. In the state of New York, law enforcement officers typically include police and peace officers. Security guards are considered private citizens and the laws on resisting arrest, therefore, do not apply to them.”
Lastly, attorney Kofman emphasizes the importance of having a skilled lawyer when facing a resisting arrest charge. An experienced lawyer may be able to help the defendant understand their rights and protect their freedom.
About Lebedin Kofman LLP
Russ Kofman and Arthur Lebedin are seasoned, aggressive litigators handling cases in both the state and federal courts. Together, they manage the Lebedin Kofman Law firm. They handle civil rights cases as well as family law, high-net-worth divorce, and highly contested custody cases. Attorney Kofman and attorney Lebedin believe in their clients and work hard to fight for their rights and help them receive the best possible outcome for each of their cases. Call today to speak with an experienced attorney: (646) 663-4430.
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