Russ Kofman (https://www.lebedinkofman.com/how-to-get-a-resisting-arrest-charge-dropped-in-new-york/), a distinguished New York criminal defense lawyer from Lebedin Kofman LLP, has authored a pivotal article detailing strategies on “How to Get a Resisting Arrest Charge Dropped in New York.” The piece serves as a crucial resource for individuals grappling with the complexities of the criminal justice system in New York.
The article illuminates the intricacies of resisting arrest charges under New York law, which is codified in § 205.30 of the New York Penal Code. It is a class A misdemeanor, punishable by up to one year in prison, three years on probation, or a fine of up to $1,000. As a New York criminal defense lawyer underscores the gravity of such charges, it is essential for accused individuals to understand the legalities and potential consequences.
“Resisting arrest is not a straightforward charge; it embodies a variety of actions that can impede the arrest process,” stated New York criminal defense lawyer Russ Kofman. “Our goal is to elucidate these complexities and provide guidance on how charges can be addressed and potentially dismissed.”
The article meticulously breaks down the elements that constitute resisting arrest, emphasizing that intentional resistance, knowledge of the officer’s law enforcement status, and the lawful discharge of the officer’s duties are required for a conviction. Kofman’s insights reveal that even actions such as physical struggle, threatening violence, attempting to flee, or physically obstructing an officer can be construed as resisting arrest.
To successfully convict on charges of resisting arrest in New York, the prosecution must demonstrate that the accused deliberately impeded an officer conducting a lawful arrest, and that the accused was aware of the officer’s law enforcement status. Kofman explains that even if the initial arrest charges are dismissed, the charge of resisting arrest may still stand, highlighting the importance of adept legal counsel.
“The possibility of dismissing a resisting arrest charge is real, particularly if the original arrest was unlawful or if the defendant’s rights were violated,” Kofman remarks. “However, each case is unique, and a seasoned New York criminal defense lawyer can navigate the legal terrain to argue for a dismissal.”
The article further discusses possible defenses, including self-defense in response to excessive force by an officer, or if an arrest is deemed unlawful. Kofman cautions against individuals attempting to challenge the legality of an arrest in the moment, advising instead to consult with a defense attorney to examine the arrest’s legality.
As the call to action, individuals charged with resisting arrest in New York City or its surrounding boroughs are encouraged to seek the support of a knowledgeable criminal defense attorney. The right legal representation is paramount in understanding one’s rights and developing a robust defense strategy to tackle the charges.
About Lebedin Kofman LLP:
Lebedin Kofman LLP is a law firm dedicated to providing aggressive representation and qualified legal counsel to clients facing criminal charges. With a focus on protecting the rights of defendants, the firm’s experienced attorneys are well-versed in handling cases of resisting arrest in New York City and beyond. They aim to construct comprehensive legal strategies tailored to the nuances of each client’s situation, striving to mitigate the long-term consequences of criminal charges.
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