Resisting Arrest Lawyer Albany County — What Are Your Defenses?
Resisting arrest in Albany County is a Class A misdemeanor under NY Penal Law § 205.30, carrying up to 1 year in jail. Law Offices Of SRIS, P.C. provides defense for these charges, drawing on firm-wide experience with 4,739+ documented case results. If you need a resisting arrest lawyer near me Albany County, contact us for a 24/7 consultation.
New York Resisting Arrest Statute
Resisting arrest is defined under New York Penal Law § 205.30. The statute makes it a crime to intentionally prevent or attempt to prevent a police officer or peace officer from effecting an authorized arrest of yourself or another person. The prosecution must prove that the arrest was authorized and that your actions were intentional.
Last verified: April 2026 | Albany County Criminal Court | New York State Legislature.
Official Legal Resources
For the official statute, see NY Penal Law § 205.30 (official New York State Senate). For local court procedures, visit the Albany County Supreme Court website.
Defending a Resisting Arrest Charge in Albany County
In Albany County Criminal Court, prosecutors must prove every element of resisting arrest. A common defense is that the underlying arrest itself was unlawful. If the officer lacked probable cause, your resistance may be justified. Other defenses include lack of intent or mistaken identity.
- Secure representation immediately after arrest or receiving a desk appearance ticket.
- Your attorney will obtain and review all police reports, body-worn camera footage, and witness statements.
- We will file pre-trial motions to challenge the legality of the underlying arrest or suppress evidence.
- We negotiate with the Albany County District Attorney’s Office, often seeking an Adjournment in Contemplation of Dismissal (ACD) for first-time offenses.
- If a favorable plea or dismissal cannot be reached, we prepare for trial before a judge or jury.
Potential Penalties for Resisting Arrest in New York
In Albany County, resisting arrest is a Class A misdemeanor punishable by up to one year in jail, three years of probation, and a fine of up to $1,000.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Resisting Arrest | Class A Misdemeanor | Up to 1 year | Up to $1,000 | None | Permanent criminal record, probation, difficulty finding employment or housing. |
Results may vary. Prior results do not guarantee a similar outcome.
Firm Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm’s combined attorney experience exceeds 120 years. Our tagline, “Advocacy Without Borders,” reflects our commitment to vigorous representation. We have a documented history of favorable outcomes in cases across New York.
Case Results
While specific locality counts are not available for this charge, firm-wide, Law Offices Of SRIS, P.C. has handled 4,739+ documented case results with over 93% favorable outcomes (dismissals, reductions, not guilty verdicts). We actively represent clients in Albany County courts.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Albany County Resisting Arrest Lawyer
Our New York location serves clients at Albany County courts. We represent individuals in Albany, Colonie, Guilderland, Bethlehem, Delmar, Cohoes, Watervliet, Ravena, and New Scotland.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
What is the penalty for resisting arrest in Albany County?
Resisting arrest is a Class A misdemeanor, punishable by up to one year in jail, a fine up to $1,000, and up to three years of probation. The exact outcome depends on your criminal history and the case facts.
Can I get an ACD for a resisting arrest charge in Albany County?
It depends. An Adjournment in Contemplation of Dismissal (ACD) is often available for first-time, non-violent misdemeanor offenses. If you comply with the terms for 6-12 months, the charges are dismissed and sealed. An attorney can advocate for this disposition.
What if the officer was wrong to arrest me in the first place?
If the underlying arrest was unlawful (without probable cause), it can be a complete defense to a resisting arrest charge. Your attorney can file a motion to dismiss based on the illegality of the initial arrest.
Do I need a lawyer for a resisting arrest charge?
Yes. A conviction creates a permanent criminal record affecting employment and housing. An affordable resisting arrest lawyer Albany County can challenge the evidence, negotiate for a reduction or dismissal, and protect your rights throughout the process.
Does New York have cash bail for resisting arrest?
No. Under New York’s 2020 bail reform, resisting arrest is a qualifying offense where cash bail cannot be set. You will typically be released on your own recognizance or with non-monetary conditions.
Internal Resources
For more information, see our New York Criminal Defense Lawyer hub page. We also assist with related charges like assault or disorderly conduct in Albany County. For representation in nearby areas, see our pages for New York County and Nassau County.
Last verified: April 2026. Information is subject to change. Consult an attorney for current legal advice.