Resisting Arrest Attorney in Kingston, New York

In New York State, it is an offense to resist or evade a lawful arrest in any capacity. Whether the defendant was running away from a law enforcement officer on foot, using force against the officer, or fleeing with their vehicle, a criminal charge for resisting or evading arrest can result in devastating penalties and other long-lasting ramifications. 

If you're facing charges for resisting or evading an officer's right to arrest you, it is imperative that you retain an aggressive New York State criminal defense attorney to help build your defense. At Melanson Law Office, I have devoted my career to offering outstanding legal guidance and protecting individuals charged with evading arrest from the worst possible punishments. As your legal counsel, I will fight skillfully to uphold your legal rights and help keep your record clean. 

Melanson Law Office proudly serves clients across Kingston, New York, and the surrounding areas of Poughkeepsie, Hudson, Highland, New Paltz, Saugerties, and Catskill.

Resisting Arrest Charges in New York 

Evading arrest occurs when an individual intentionally prevents, resists, or flees from an officer to prevent a lawful arrest. According to New York State laws, a person is guilty of resisting or evading 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. 

What Factors Must Be Present to Qualify as Resisting Arrest? 

In order to find a defendant guilty of evading or resisting arrest, the prosecutor must establish the following elements – beyond any reasonable doubt: 

• The defendant prevented or attempted to prevent a police officer from effecting a lawful arrest. 

• That the defendant evaded or resisted arrest intentionally. 

An experienced New York State evading arrest defense attorney can review the details of your case and determine whether the officer commanded you to stop prior to the alleged offense. 

Officer's Command to Stop 

In New York State, a police officer or peace officer who intends to make an arrest must command, signal, or hail the person to stop. Here are some actions that qualify as a command to stop: 

• Flashing a lighted red lamp visible for the person to see 

• Sounding a siren 

• Pulling your vehicle over 

• Waving the hand 

It isn’t always clear what qualifies as a command to stop, and there may have been extenuating circumstances that made you avoid stopping. The help of a skilled attorney can help determine whether you had a legal reason to resist or evade the arrest.

Legal Defenses to a charge of Resisting Arrest 

Depending on the circumstance surrounding the police officer's request to stop you or your vehicle, there may be legal defenses available. Some of these legal reasons include the following: 

• The arrest was unlawful or illegal. 

• The police officer had no probable cause to stop you or your vehicle or make an arrest.  

However, resisting an arrest can lead to criminal charges for your actions. A skilled attorney can help you understand the severity of your charges and identify your best defenses. 

Possible Penalties for Evading Arrest in New York 

The punishments for resisting or evading arrest in New York State can be far-reaching. If convicted, the defendant could face any of these penalties and consequences: 

• Lengthy incarceration 

• Hefty fines 

• Community service 

• Probation 

• A criminal record/history 

• Difficulties in securing certain loans 

• Loss of voting rights 

• Difficulties in getting housing, job, or education opportunities 

• License revocation or suspension 

• Loss of rights to own, possess, or carry a firearm 

• Difficulties in securing public benefits 

• Possible deportation or inadmissibility to the United States 

A knowledgeable lawyer can intervene quickly, identify potential defenses to your allegations, and help you avoid the devastating consequences of a criminal conviction. 

Work With a Dependable Criminal Defense Attorney 

A criminal conviction for evading or resisting arrest could possibly jeopardize your liberty, quality of life, personal reputation, professional, and future opportunities. However, defending these charges without skilled representation could expose you to the possibility of getting convicted. Therefore, when facing evading arrest charges, you need to hire a dependable criminal defense attorney for proper guidance and to help strategize your defense. 

With more than 20 years of extensive experience, I have the knowledge and resources to defend and represent individuals in their evading arrest cases. As your legal counsel, I can investigate all of the facts of your case, find irregularities in the prosecutor's case and officer's account, and help dispute the allegations against you with factual evidence. Also, I will help you navigate the New York State criminal justice system and diligently strive to make sure those accusations don't ruin your life.