Sunday, March 31, 2013

Buffalo NY Area Resisting Arrest Attorney

Resisting Arrest What sometimes can start  out  as  a violation of Disorderly Conduct (NY  PL 240.20), can result  in the police taking you into custody for  Resisting Arrest pursuant to New York Penal Law 205.30. Whether you are  in Buffalo or the outlying townships like Amherst, Cheektowaga, or Tonawanda  you now  find yourself charged with a misdemeanor and in need of a Buffalo Area criminal defense attorney.
While often a legitimate charge by the police for  fights  during an arrest procedure, the crime of Resisting Arrest also enables  law enforcement to charge  you with an offense punishable by up to one year  in jail for something that is minor  and truly “non criminal.”  According to the law of Resisting Arrest in New York State , if you prevent or  attempt to prevent a police officer from placing you under arrest where  he or she is authorized to do so you are guilty of an “A” misdemeanor.
If you swing your arms or hold them  up so that you cannot be handcuffed, that will probably   establish resisting arrest.  Certainly, thefacts of every case are different  , but if someone  intentionally  tries to stop the police from making  an authorized arrest it is  likely they  will face this charge. If convicted as an adult, this crime  will permanently remain on your record.
It is important to note that if you are charged with Resisting Arrest there are certain issues you should discuss with your Buffalo Area criminal defense lawyer before considering accepting any deal.

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