Resisting Arrest Lawyer Kings County, NY
Facing a resisting arrest charge in Kings County (Brooklyn), New York, can be a serious matter—even a misdemeanor conviction carries potential jail time and a criminal record. Under New York Penal Law § 205.30, resisting arrest is classified as a Class A misdemeanor, punishable by up to one year in jail, probation, and fines. Arrests often arise from encounters with the NYPD in neighborhoods such as Downtown Brooklyn, Williamsburg, Park Slope, or Bay Ridge and are typically heard at the NYC Criminal Court — Brooklyn at 360 Adams Street. Law Offices Of SRIS, P.C. represents individuals charged with resisting arrest in Kings County and throughout the five boroughs. Founded in 1997, the firm is led by Mr. Sris, a former prosecutor, and an experienced Of Counsel team. We understand both sides of the courtroom and work to protect your rights at every stage of the proceeding. Reach our location at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Resisting Arrest Charges Mean in Kings County, Brooklyn
Under New York law, a person commits resisting arrest when they intentionally prevent or attempt to prevent a police officer or peace officer from effecting an authorized arrest. This can include physical resistance, fleeing, or any conduct that obstructs the officer. The charge is a stand-alone offense that does not require the underlying arrest to be valid—even an arrest later found unlawful can give rise to a resisting arrest prosecution if physical resistance was used. In Kings County, misdemeanor resisting arrest cases are heard in the NYC Criminal Court — Brooklyn, which handles arraignments, motion practice, and trials for cases where the top charge is a misdemeanor.
A conviction for resisting arrest in Brooklyn can result in a permanent criminal record, up to one year in jail, probation, community service, and collateral consequences that affect employment, professional licensing, and immigration status. New York’s 2020 bail reform eliminated cash bail for most misdemeanor and non-violent felony offenses, meaning many defendants are released on their own recognizance pending trial. For first-time offenders, an Adjournment in Contemplation of Dismissal (ACD) may be available—allowing the charge to be dismissed after a period of compliance with court conditions. Because the consequences are significant, early guidance from an experienced defense attorney is critical.
How Mr. Sris and His Of Counsel Approach Resisting Arrest Cases
At Law Offices Of SRIS, P.C., defense of a resisting arrest charge begins with a thorough review of the arrest circumstances. Our team examines the police reports, body-worn camera footage, witness statements, and any other evidence that sheds light on whether the officer was acting lawfully and whether the client’s conduct actually rose to the level of resistance. Drawing on over 120 years of combined legal experience between Mr. Sris and his Of Counsel and 4,739+ documented firm-wide results, the firm has developed effective defense strategies. Results may vary. Where the evidence reveals procedural flaws—such as an unlawful stop, excessive force, or insufficient proof of intent—we pursue dismissal or reduction of the charge through pretrial motions.
Mr. Sris, a former prosecutor, understands how the prosecution builds a resisting arrest case and uses that insight to prepare a well-prepared defense. The Of Counsel team collaborates on every case, ensuring that no detail is overlooked. We explore all available options, from negotiating a non-criminal disposition or diversion program to taking the case to trial when necessary. Throughout the process, we keep clients informed of their rights and the likely trajectory of the case, always working toward the most favorable resolution under the specific facts.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings firsthand trial experience to every criminal defense matter. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is joined by a team of Of Counsel attorneys, all engaged through Excella and bringing extensive criminal law experience. Together, they provide clients in Kings County and throughout New York with informed, diligent representation.
Frequently Asked Questions About Resisting Arrest in Kings County
What constitutes resisting arrest under New York law?
Resisting arrest in New York occurs when a person intentionally prevents a police officer from making a lawful arrest. Under Penal Law § 205.30, the defendant must have acted with the specific intent to prevent or attempt to prevent the officer from effecting an authorized arrest. Simply pulling away, struggling, or fleeing can satisfy the physical-resistance element, but passive non-compliance generally does not. The arrest must be authorized—if the officer was acting outside their lawful authority, a resisting charge may not stand. Our defense team carefully scrutinizes whether the officer’s actions met the legal standard for an arrest.
What are the penalties for resisting arrest in Brooklyn?
A conviction for resisting arrest is a Class A misdemeanor, punishable by up to one year in jail, probation, fines, and a criminal record. Sentencing judges may also impose community service, anger management programs, or other conditions. Beyond the immediate sentence, a criminal record can affect employment, housing, professional licenses, and immigration status. For some defendants, alternatives such as an adjournment in contemplation of dismissal may be available, resulting in dismissal after a period of compliance. The outcome depends heavily on the specific facts and the quality of legal representation.
Can resisting arrest charges be dismissed or reduced in Kings County?
Yes, resisting arrest charges can be dismissed or reduced if legal errors or insufficient evidence exist. An experienced attorney may identify grounds to challenge the arrest—for example, an unlawful stop, lack of probable cause, or an officer who was not performing a lawful duty. Pretrial motions to suppress evidence or dismiss the case can lead to a reduction or outright dismissal. In other instances, negotiating a plea to a non-criminal violation or securing an ACD disposition for eligible first-time offenders can avoid a permanent criminal record.
Do I need a lawyer for a resisting arrest charge if I believe the arrest was unlawful?
You are not legally required to hire a lawyer, but having an experienced defense attorney significantly improves your chances of a favorable outcome. Even when an arrest appears unlawful, the resisting arrest charge itself must be defended through legal arguments and evidentiary challenges. An attorney can file motions to suppress evidence obtained during an unlawful stop, cross-examine the arresting officer, and argue that the officer was not acting within the scope of their authority. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How does a lawyer challenge a resisting arrest accusation in Kings County?
A lawyer can challenge a resisting arrest charge by examining the arrest’s legality, reviewing evidence, and asserting defenses such as lack of intent or unlawful arrest. Common strategies include obtaining body camera and surveillance footage to contradict the officer’s account, interviewing witnesses, and arguing that the defendant did not intend to resist or that the officer used excessive force. When constitutional violations occur, motions to suppress evidence can weaken the prosecution’s case. If the evidence cannot support the charge, the attorney will seek dismissal or a bench trial where a judge evaluates the credibility of the witnesses.
What should I do if I am facing a resisting arrest charge in Brooklyn?
If facing a resisting arrest charge in Brooklyn, promptly consult with an experienced criminal defense attorney and avoid discussing the case with others. Do not post about the incident on social media or contact the arresting officer. Preserve any evidence you have, such as witness names, photos, or video recordings. An attorney can advise you on your next court date, represent you at arraignment, and begin building a defense immediately. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Manhattan criminal defense lawyer · Queens criminal defense attorney · Staten Island criminal defense lawyer · Nassau County criminal defense lawyer
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.