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Resisting arrest is a misdemeanor charge in New York state that can apply in a variety of situations. A resisting charge is always in conjunction with another charge (disorderly conduct, assault, etc.) which was the reason the police wanted to arrest you in the first pace. It is common for anyone who is belligerent or angry about being arrested to be charged with resisting.
Disorderly Conduct is also a charge that is commonly applied if you have done something to annoy or inconvenience the police.
Both charges are subjective in nature. To avoid criminal charges or criminal record, a good New York defense attorney may argue that the police overreacted to your behavior, and you weren’t as disruptive or difficult as they claimed.
Call us to discuss your disorderly conduct or resisting arrest charges. We can help you figure out the best way to protect yourself from the most serious consequences of a conviction, as part of our free consultation. Call (888) 435-4744 now for our take on you case, or contact us via email.
NY Resisting Arrest – Laws & Penalties
Resisting Arrest – 205.30
Under New York penal law, in order to convict a person of Resisting Arrest, it must be proven that the person:
- Intentionally prevents or attempts to prevent,
- A police officer or peace officer,
- From effecting an authorized arrest.
Resisting arrest is an A Misdemeanor charge.
NY Disorderly Conduct – Laws & Penalties
Disorderly Conduct – 240.20
The charge of disorderly conduct applies to a range of activity and behavior that includes almost any disruptive or annoying actions to the police.
In order to convict a person of Disorderly Conduct, it must be proven that the person:
- With intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:
- Engages in fighting or in violent, tumultuous or threatening behavior; or
- Makes unreasonable noise; or
- In a public place, uses abusive or obscene language, or makes an obscene gesture; or
- Without lawful authority, he disturbs any lawful assembly or meeting of persons; or
- Obstructs vehicular or pedestrian traffic; or
- Congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or
- Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.
Disorderly Conduct is a Violation charge.
Free Legal Consultation on New York Criminal Disorderly Conduct or Resisting Arrest Charges
Call us to talk about your disorderly conduct, resisting arrest, or related New York state criminal offenses. We will provide a free legal consultation on your case. Call (888) 435-4744 now for the help you need.
These charges are often overblown, and there are many ways to get the charges reduced or dismissed.
We can investigate and evaluate any witnesses to the events that led to your arrest. Very often witnesses tell a different story, or aren’t interested in testifying and pursuing charges.
If the evidence of disorderly conduct is weak, we are in a strong position to negotiate with the district attorney.
Don’t plead guilty and agree to even a criminal conviction on your record without making sure you can’t do much better. Call us at (888) 435-4744 for a consultation now.