NY Criminal Defense Lawyer for Resisting Arrest

In New York, resisting arrest can be charged if police claim you tried to prevent them from arresting you. This usually happens when the police claim that someone pulled away, ran, or tensed their arms during an arrest.

A conviction can result in a criminal record as well as jail time, probation, or fines. It can also complicate any underlying charges you were originally arrested for.

As a former prosecutor turned criminal defense lawyer, Michael J. McConnell knows how resisting arrest charges are used and sometimes misused by police and prosecutors.

At the Law Office of Michael J. McConnell, we have successfully defended resisting arrest cases by pointing out:

  • Inconsistent or contradictory body worn camera video
  • Vagueness in police reports
  • Lack of evidence
  • Police misconduct (excessive force and police brutality)

So if you’ve been charged with resisting arrest in Westchester County, the Bronx, Manhattan, Queens, Brooklyn, or Rockland County, the Law Office of Michael J. McConnell is ready to stand up and fight for you against police misconduct and prosecutorial overreach.

We offer free consultations by phone. You can Book an Appointment Time for Your Free Initial Consultation or simply give our office a call today.

Call Now

What is resisting arrest?

Under New York Penal Law § 205.30:

“A person is guilty of resisting arrest when he or she intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of himself, herself or another person.”

Is resisting arrest considered a misdemeanor in NY?

Yes. Resisting arrest is a Class A misdemeanor, which means is punishable by up to 364 days in jail in New York if you are convicted.

However, not all resisting arrest convictions end in a jail sentence. Fines, probation, community service, conditional discharges, and more can be the types of non-jail options on a misdemeanor case like resisting arrest.

A misdemeanor conviction can also have significant collateral consequences, including those that impact your employment and immigration status.

How can you beat a resisting arrest case in NY?

Skilled criminal defense attorneys attack resisting arrest charges by focusing on 3 important elements of this charge that the prosecution must prove beyond a reasonable doubt.

Specifically, the DA must prove beyond a reasonable doubt that:

  • you acted intentionally;
  • you prevented or attempted to prevent the arrest; and
  • the arrest was authorized.

If the body worn camera footage doesn’t back up what the officers are saying happened, a good criminal defense lawyer can expose those weaknesses in the DA’s case through cross examination of the cops at trial.

What does “authorized arrest” mean?

An “authorized arrest” means the cops had probable cause to arrest you for some other crime.

In other words, if there was nothing that they had lawful probable cause to arrest you for, then you can’t be guilty of resisting arrest in New York.

This is why you will almost always see resisting arrest charged in addition to some other criminal offense.

What does probable cause mean in the context of figuring out whether an arrest was “authorized” when someone is charged with resisting arrest in New York?

Probable cause means officers had enough facts and circumstances to reasonably believe two important things:

  1. a crime was committed; and
  2. the person arrested committed it.

If the officers didn’t have probable cause to arrest you for anything, that can be the key to beating a resisting arrest charge.

What are common defenses to resisting arrest in NY?

There are a number of different defenses to resisting arrest in NY, including the following:

  • arrest was not authorized
  • no intent to resist
  • video contradicts officers
  • police used excessive force and lied about the person resisting to justify their actions

A diligent criminal defense lawyer with experience handling resisting arrest cases like Michael J. McConnell will be able to spot the weaknesses in law enforcement’s version of events to build a defense by carefully reviewing every moment of body worn camera footage, identifying inconsistencies in the police report, and scrutinizing the overall credibility of the officers.

If my rights were clearly violated, why won’t the DA dismiss the case?

Prosecutors at the District Attorney’s Office work very closely and quite regularly with their local police departments. They also know that if they dismiss the case, it could make it easier for you to sue the cops.

For these reasons, it is sometimes necessary to push these cases towards trial and hold the DA’s feet to the fire so to speak. Do they really have the guts to put the lying cop on the witness stand? Only by having the courage to fight back and push them to the limit will you ever find out.

This is why it is important to decide very early in your case what you want the outcome to be. If this is something you want to fight and you want to go all in, make sure you have a criminal defense lawyer that is willing to take it the distance.

Why is hiring the right criminal defense lawyer for a resisting arrest case so important?

Resisting arrest cases are often more complex than they appear, especially those that are likely to go to trial. In those cases, there is a real dispute between the defense and the DA about what happened. And that’s what trials are for.

If you want to fight your resisting arrest case, including by taking it all the way to trial if necessary, then you will want to make sure that you have a criminal defense lawyer who is willing to put in the work and go the distance on your case.

A thorough approach to criminal defense in a resisting arrest case typically involves:

  • Diligently reviewing arrest paperwork line by line;
  • Thoroughly investigating whether the arrest was legally authorized;
  • Detailed analysis of video evidence (including every second of body cam footage);
  • In-depth interviews with any witnesses;
  • Filing critical motions where appropriate;
  • Preparing the case for hearings and trial.

Prosecutors in New York often want you to take a quick plea deal in resisting arrest cases. But if you are intent on fighting the case, you will need to make sure you have a lawyer who is willing and prepared to take the case to trial.

Speak With a Local Resisting Arrest Lawyer Today

If you or someone you know is facing resisting arrest charges, finding the right lawyer is a critical first step.

The sooner a criminal defense lawyer is involved, the sooner they can move quickly to:

  • preserve key evidence
  • identify the main legal issues
  • and develop a powerful defense

The Law Office of Michael J. McConnell makes it easy for you to speak with a trusted local criminal defense lawyer if you’ve been charged with resisting arrest by the Yonkers Police Department, Mount Vernon Police Department, the NYPD, or any of the other local police departments in the surrounding areas of Westchester County, Rockland County, and NYC.

All you need to do is Sign Up for a Free Phone Consultation or give our office a call right now to set it up.

So if you’re ready to move forward, contact us today and we will take it from there.

Call 24/7

Past last updated 5/24/26.

Resisting Arrest

NY Criminal Defense Lawyer for Resisting Arrest

In New York, resisting arrest can be charged if police claim you tried to prevent them from arresting you. This usually happens when the police claim that someone pulled away, ran, or tensed their arms during an arrest.

A conviction can result in a criminal record as well as jail time, probation, or fines. It can also complicate any underlying charges you were originally arrested for.

As a former prosecutor turned criminal defense lawyer, Michael J. McConnell knows how resisting arrest charges are used and sometimes misused by police and prosecutors.

At the Law Office of Michael J. McConnell, we have successfully defended resisting arrest cases by pointing out:

  • Inconsistent or contradictory body worn camera video
  • Vagueness in police reports
  • Lack of evidence
  • Police misconduct (excessive force and police brutality)

So if you’ve been charged with resisting arrest in Westchester County, the Bronx, Manhattan, Queens, Brooklyn, or Rockland County, the Law Office of Michael J. McConnell is ready to stand up and fight for you against police misconduct and prosecutorial overreach.

We offer free consultations by phone. You can Book an Appointment Time for Your Free Initial Consultation or simply give our office a call today.

Call Now

What is resisting arrest?

Under New York Penal Law § 205.30:

“A person is guilty of resisting arrest when he or she intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of himself, herself or another person.”

Is resisting arrest considered a misdemeanor in NY?

Yes. Resisting arrest is a Class A misdemeanor, which means is punishable by up to 364 days in jail in New York if you are convicted.

However, not all resisting arrest convictions end in a jail sentence. Fines, probation, community service, conditional discharges, and more can be the types of non-jail options on a misdemeanor case like resisting arrest.

A misdemeanor conviction can also have significant collateral consequences, including those that impact your employment and immigration status.

How can you beat a resisting arrest case in NY?

Skilled criminal defense attorneys attack resisting arrest charges by focusing on 3 important elements of this charge that the prosecution must prove beyond a reasonable doubt.

Specifically, the DA must prove beyond a reasonable doubt that:

  • you acted intentionally;
  • you prevented or attempted to prevent the arrest; and
  • the arrest was authorized.

If the body worn camera footage doesn’t back up what the officers are saying happened, a good criminal defense lawyer can expose those weaknesses in the DA’s case through cross examination of the cops at trial.

What does “authorized arrest” mean?

An “authorized arrest” means the cops had probable cause to arrest you for some other crime.

In other words, if there was nothing that they had lawful probable cause to arrest you for, then you can’t be guilty of resisting arrest in New York.

This is why you will almost always see resisting arrest charged in addition to some other criminal offense.

What does probable cause mean in the context of figuring out whether an arrest was “authorized” when someone is charged with resisting arrest in New York?

Probable cause means officers had enough facts and circumstances to reasonably believe two important things:

  1. a crime was committed; and
  2. the person arrested committed it.

If the officers didn’t have probable cause to arrest you for anything, that can be the key to beating a resisting arrest charge.

What are common defenses to resisting arrest in NY?

There are a number of different defenses to resisting arrest in NY, including the following:

  • arrest was not authorized
  • no intent to resist
  • video contradicts officers
  • police used excessive force and lied about the person resisting to justify their actions

A diligent criminal defense lawyer with experience handling resisting arrest cases like Michael J. McConnell will be able to spot the weaknesses in law enforcement’s version of events to build a defense by carefully reviewing every moment of body worn camera footage, identifying inconsistencies in the police report, and scrutinizing the overall credibility of the officers.

If my rights were clearly violated, why won’t the DA dismiss the case?

Prosecutors at the District Attorney’s Office work very closely and quite regularly with their local police departments. They also know that if they dismiss the case, it could make it easier for you to sue the cops.

For these reasons, it is sometimes necessary to push these cases towards trial and hold the DA’s feet to the fire so to speak. Do they really have the guts to put the lying cop on the witness stand? Only by having the courage to fight back and push them to the limit will you ever find out.

This is why it is important to decide very early in your case what you want the outcome to be. If this is something you want to fight and you want to go all in, make sure you have a criminal defense lawyer that is willing to take it the distance.

Why is hiring the right criminal defense lawyer for a resisting arrest case so important?

Resisting arrest cases are often more complex than they appear, especially those that are likely to go to trial. In those cases, there is a real dispute between the defense and the DA about what happened. And that’s what trials are for.

If you want to fight your resisting arrest case, including by taking it all the way to trial if necessary, then you will want to make sure that you have a criminal defense lawyer who is willing to put in the work and go the distance on your case.

A thorough approach to criminal defense in a resisting arrest case typically involves:

  • Diligently reviewing arrest paperwork line by line;
  • Thoroughly investigating whether the arrest was legally authorized;
  • Detailed analysis of video evidence (including every second of body cam footage);
  • In-depth interviews with any witnesses;
  • Filing critical motions where appropriate;
  • Preparing the case for hearings and trial.

Prosecutors in New York often want you to take a quick plea deal in resisting arrest cases. But if you are intent on fighting the case, you will need to make sure you have a lawyer who is willing and prepared to take the case to trial.

Speak With a Local Resisting Arrest Lawyer Today

If you or someone you know is facing resisting arrest charges, finding the right lawyer is a critical first step.

The sooner a criminal defense lawyer is involved, the sooner they can move quickly to:

  • preserve key evidence
  • identify the main legal issues
  • and develop a powerful defense

The Law Office of Michael J. McConnell makes it easy for you to speak with a trusted local criminal defense lawyer if you’ve been charged with resisting arrest by the Yonkers Police Department, Mount Vernon Police Department, the NYPD, or any of the other local police departments in the surrounding areas of Westchester County, Rockland County, and NYC.

All you need to do is Sign Up for a Free Phone Consultation or give our office a call right now to set it up.

So if you’re ready to move forward, contact us today and we will take it from there.

Call 24/7

Past last updated 5/24/26.