When you face criminal charges, you may disagree with the charge, but you cannot resist arrest. When you resist arrest, it can worsen the charges against you. In New York, you can object to the arrest, but you cannot resist.
To prove that you resisted arrest, the officer must prove that you intentionally prevented the authorized arrest.
Can you resist a wrongful arrest?
Many people believe that if the police have the wrong person or are making a wrongful arrest, they can resist. While you can maintain your innocence and let the officers know that you do not agree with the arrest, you should not resist. Fighting against the police or running can still make matters worse. Resisting arrest is a separate charge from the initial charge. You can still face charges for resisting arrest even if the other charges end up dropped. It is better to let the officers arrest you and fight the arrest later.
What are the penalties for resisting arrest?
Most of the time, resisting arrest is a class A misdemeanor in New York. If the officer charges you with resisting arrest and the charge sticks, you could face up to 364 days in jail on top of any other charges. Additionally, you may have to pay a fine of about $1,000. Resisting arrest can become a felony offense if you use a dangerous weapon to resist the police.
Resisting arrest can include running from the police or holding your arms up so the officer cannot handcuff you.
