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:
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.
Resisting Arrest Attorney Serving Kingston, New York
If you're facing evading or resisting arrest charges, don't face them alone. Contact me at Melanson Law Office today to schedule a simple case evaluation. I can offer you the aggressive representation, advocacy, and detailed legal counsel you need to fight your charges. My firm is proud to serve clients throughout Kingston, Poughkeepsie, Hudson, Highland, Saugerties, and Catskill, New York.