Resisting Arrest Lawyer Brooklyn, NY
Facing a resisting arrest charge in Kings County (Brooklyn) can be unsettling. Law Offices Of SRIS, P.C., founded in 1997, represents individuals in Brooklyn and throughout New York City who are accused of obstructing or interfering with a police officer’s lawful duties. Mr. Sris, a former prosecutor and Owner and Founder, and his Of Counsel team bring over 120 years of combined legal experience to criminal defense matters. Results may vary. The firm concentrates on protecting clients’ rights, scrutinizing the prosecution’s evidence, and pursuing the trusted resolution under New York law. For a consultation about your resisting arrest case in Brooklyn, reach our location at (888) 437-7747.
Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Resisting Arrest Means in Brooklyn
A resisting arrest charge in Kings County generally arises when a person is accused of intentionally preventing a police officer from effecting a lawful arrest. New York Penal Law defines resisting arrest as a separate offense that is distinct from other obstruction-related conduct. The charge applies even if the underlying arrest is later determined to be unsupported by probable cause—the focus is on the defendant’s actions during the encounter. Cases are heard at the NYC Criminal Court — Brooklyn for misdemeanors and at NY Supreme Court — Kings County (Brooklyn) for felony-level matters. The courthouse at 360 Adams Street, Brooklyn, NY 11201, serves all of Kings County.
Brooklyn’s criminal courts handle a significant volume of resisting arrest prosecutions, often in connection with other charges such as disorderly conduct, assault, or drug possession. New York’s 2020 bail reform generally eliminated cash bail for many misdemeanors and non-violent felonies, meaning that a person accused of resisting arrest may be released on their own recognizance or with conditions rather than held on bail. An Adjournment in Contemplation of Dismissal (ACD) is available for some first-offense cases; charges are adjourned for a set period and dismissed if the defendant avoids new arrests. Understanding these local procedural nuances is essential to mounting an effective defense.
How Mr. Sris and His Of Counsel Handle Resisting Arrest Cases
Mr. Sris and his Of Counsel team approach each resisting arrest case by thoroughly examining the circumstances of the police encounter. They review body-worn camera footage, witness statements, and arrest reports to assess whether the officer’s actions were lawful and whether the defendant’s conduct met the elements of resisting arrest. The firm also evaluates whether there was any justification for the defendant’s behavior, such as a lack of probable cause for the initial stop or excessive force by the officer. This fact-intensive analysis helps identify defenses and potential weaknesses in the prosecution’s case.
Once the evidence is evaluated, the team works to negotiate with the prosecutor—pursuing charge amendments, dismissals, or diversion options where appropriate. In many Brooklyn cases, the assignment of an experienced defense counsel early in the process can influence whether the case proceeds toward trial or is resolved through a favorable plea or ACD. Mr. Sris and his Of Counsel also advise on collateral consequences that a resisting arrest conviction may carry, including immigration implications for non-citizens. Throughout the process, they keep clients informed of their options and the likely timeline, which varies by court calendar and case complexity.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced criminal defense since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he concentrates his practice on criminal defense matters in all five jurisdictions. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team—engaged through Excella and without direct employees—brings additional depth, including former prosecutors and seasoned litigators. Together, they have documented 4,739+ case results across all practice areas. Results may vary.
Frequently Asked Questions
What constitutes resisting arrest under New York law?
Resisting arrest is intentionally preventing or attempting to prevent a police officer from effecting an authorized arrest through physical force or a substantial risk of physical injury. Under New York law, the offense does not require that the arrest be lawful at the ultimate conclusion of the case; it only matters that the officer was acting under color of authority. A person can be charged with resisting arrest even if the underlying charge is later dismissed. The prosecution must prove that the defendant’s actions were intentional and that the officer was performing a lawful duty. Contact our location to discuss the specific facts of your Brooklyn case.
Can a resisting arrest charge be dropped or reduced in Brooklyn?
Yes, a resisting arrest charge can be dismissed or reduced, often through negotiation, if the evidence reveals weaknesses in the prosecution’s case or if the defendant is eligible for a diversion program. For first-time offenders in Kings County, an Adjournment in Contemplation of Dismissal (ACD) may be available, experienced to case dismissal after a period of good behavior. In other instances, the defense may challenge the lawfulness of the arrest or the alleged resistance, resulting in a reduction to a lesser violation. Each case is unique; for guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a lawyer for a resisting arrest charge in Brooklyn?
It is advisable to have counsel for any criminal charge, including resisting arrest, because a conviction can have lasting repercussions such as a criminal record, fines, and potential jail time. An experienced defense attorney can review the facts of your arrest, identify legal issues, and advocate on your behalf in Brooklyn’s criminal courts. Without representation, you may miss opportunities for a favorable resolution. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What are possible defenses to a resisting arrest charge?
Common defenses include that the arrest was unlawful, the defendant did not use force or create a risk of injury, or the officer used excessive force that provoked a defensive reaction. The defense may also argue that the defendant’s actions were merely passive non‑cooperation rather than active resistance. An attorney can assess whether any of these defenses apply based on the evidence in your case. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Related practice pages:
our New York criminal defense practice ·
Manhattan criminal defense lawyer ·
Queens criminal defense lawyer ·
Staten Island criminal defense lawyer
Official primary sources: New York State Unified Court System · New York Consolidated Laws
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.
Results may vary.