Resisting Arrest Lawyer Chemung County, NY
When a police officer claims you resisted or obstructed them, the consequences can follow you for years. In Chemung County, a resisting arrest charge is a serious criminal matter that can result in jail time, a permanent criminal record, and far-reaching collateral consequences. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel defend individuals facing resisting arrest allegations in Chemung County courts. Whether the charge arises from a traffic stop in Horseheads, an encounter at the Elmira Police Department, or an incident near the Chemung County Court complex, we work to challenge the prosecution’s case and protect your rights. Reach our New York location at (888) 437-7747 to request a consultation about your resisting arrest charge in Chemung County. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Resisting Arrest Means in Chemung County
Resisting arrest is charged under New York law when a person intentionally prevents or attempts to prevent a police officer from making an authorized arrest. The offense often accompanies other charges, such as disorderly conduct or obstructing governmental administration, and the factual basis can be highly contested. In Chemung County, these cases are prosecuted by the Chemung County District Attorney’s Office in the Chemung County Criminal Court (for misdemeanor charges) or the Chemung County Supreme Court Criminal Term (if a felony charge or related felony is present). Mr. Sris and his Of Counsel appear regularly in these courts and understand how local prosecutors and judges evaluate resisting-arrest evidence.
New York classifies resisting arrest as a Class A misdemeanor. Under the Penal Law, a Class A misdemeanor carries a potential sentence of up to one year in jail, probation, and fines. A conviction also creates a criminal record that can affect employment, housing, and immigration status. The court may consider alternatives such as an Adjournment in Contemplation of Dismissal (ACD) for eligible first-time offenders—a disposition where charges are adjourned for a period and then dismissed if the defendant stays out of trouble. Because each Chemung County case is fact-specific, an early assessment of the evidence is critical.
How Mr. Sris and His Of Counsel Handle Resisting Arrest Cases
Resisting-arrest accusations often hinge on subjective interpretations of the interaction between the accused and the arresting officer. Mr. Sris, a former prosecutor, approaches each case by examining the legal basis for the underlying arrest and the conduct attributed to the defendant. If the initial arrest was not authorized or the alleged resistance did not rise to the level the statute requires, the defense may seek dismissal or reduction of the charge.
Our team works to identify procedural weaknesses, conflicting witness accounts, or gaps in the officer’s report. We also consider whether the defendant’s actions were involuntary or reflexive rather than intentional, a distinction New York courts examine. Throughout the process, we advocate for favorable outcomes at every stage—from arraignment through trial if necessary. Mr. Sris and his Of Counsel have documented 4,739+ case results across all practice areas since 1997. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense since 1997. A former prosecutor, he draws on courtroom experience from both sides of the aisle to construct a thorough defense. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and has represented clients in Chemung County criminal courts. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary. The Of Counsel team includes attorneys with backgrounds in prosecution, law enforcement, and complex trial work. While Mr. Sris leads case strategy, the collective knowledge of the Of Counsel team ensures each resisting-arrest matter receives detailed attention. We work as a collaborative group, leveraging insight from former prosecutors and former law enforcement officers to anticipate how the other side builds its case.
Frequently Asked Questions
What is the crime of resisting arrest in New York?
Resisting arrest is intentionally preventing or attempting to prevent a police officer from making an authorized arrest. The charge is a Class A misdemeanor under New York Penal Law. The prosecution must prove the defendant knew the person was an officer, knew an arrest was being made, and acted with the intent to resist. Physical force is not required—non-violent actions like refusing to be handcuffed can be enough. An experienced defense attorney can examine whether the arrest itself was lawful, because resisting an unlawful arrest is not a crime. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What are the potential penalties for resisting arrest in Chemung County?
A conviction for resisting arrest in New York is a Class A misdemeanor punishable by up to one year in jail, probation, and fines. The court also imposes mandatory surcharges and fees. Beyond the sentence, a criminal record can affect employment background checks, professional licenses, and immigration status. For first-time offenders, the Chemung County Criminal Court may consider an ACD, which leads to dismissal after a period of good behavior. Because outcomes depend on the facts and the defendant’s history, consulting a lawyer early is important. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a lawyer for a resisting arrest charge?
You have the right to defend yourself, but representing yourself against a criminal charge can put you at a disadvantage because you lack knowledge of court procedures and evidentiary rules. A resisting arrest charge is serious, and a conviction stays on your record. An attorney can challenge the evidence, negotiate with the prosecutor, and identify procedural problems in the arrest. In Chemung County, local prosecutors are experienced in these cases, and a defense lawyer levels the playing field. Mr. Sris and his Of Counsel can evaluate your case and explain your options. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
What defenses are available against a resisting arrest charge?
Several defenses exist, including that the underlying arrest was not authorized, the defendant did not intend to resist, or the officer used excessive force. If the police lacked probable cause to make the arrest, any resistance to that unlawful arrest is not a crime. Another defense is that the defendant’s actions were reflexive—a natural reaction to being grabbed or startled—rather than deliberate. An attorney may also argue that the alleged resistance was minimal and did not meet the legal standard. Each case is unique, and an experienced lawyer can determine which defense fits the facts. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How does the court process work for a resisting arrest case in Chemung County?
The process begins with an arraignment at the Chemung County Criminal Court, where you are formally charged and enter a plea. If you plead not guilty, the case proceeds through discovery, motion practice, and possible plea negotiations. Misdemeanor resisting arrest cases are heard in the local criminal court; if there are felony charges, the case goes to the Supreme Court Criminal Term. Throughout the process, your attorney can challenge the sufficiency of the evidence and seek dismissal or reduction. Timelines depend on the court’s calendar and case complexity. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Should I speak to the police if I am accused of resisting arrest?
You should exercise your right to remain silent and ask to speak with an attorney before answering any questions. Anything you say can be used against you, even statements you believe are innocent. Police officers may try to get you to admit to actions they will characterize as resistance. Politely decline to discuss the incident and request a lawyer. Then, contact an experienced criminal defense attorney as soon as possible. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
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