Resisting Arrest Lawyer Onondaga County, NY
If you have been charged with resisting arrest in Onondaga County, New York, the accusation puts your freedom, your record, and your future at immediate risk. A conviction can mean incarceration, a permanent criminal history, and consequences that extend well beyond the courtroom. Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, concentrates a meaningful portion of its practice on defending people facing criminal charges in Central New York courts, including those in Syracuse, DeWitt, Cicero, and throughout Onondaga County. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience to matters involving allegations under the New York Penal Law. Results may vary. For a consultation about your resisting arrest case, call (888) 437‑7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Resisting Arrest Means in Onondaga County
Under New York law, a person commits resisting arrest when they intentionally prevent or attempt to prevent a police officer from effecting an authorized arrest. The charge does not require that the officer be physically injured—a refusal to comply, physical struggling, or any action that obstructs the officer’s effort can support the accusation. In Onondaga County, these cases are typically brought as Class A misdemeanors, which carry up to one year of incarceration. However, if the underlying arrest is for a felony or if the conduct involves a substantial risk of physical injury, the charge can be elevated to a felony with significantly greater exposure.
The Onondaga County Criminal Court on Montgomery Street in Syracuse handles misdemeanor-level resisting arrest cases, while felony matters proceed in the Onondaga County Supreme Court Criminal Term. New York’s 2020 bail reform eliminated cash bail for most misdemeanors and non-violent felonies, meaning many defendants are released on their own recognizance or with conditions after an arrest. Still, a conviction leaves a lasting criminal record that can affect employment, housing, and professional licensing. Mr. Sris and his Of Counsel appear regularly in these courts and understand how local prosecutors and judges approach resisting arrest accusations.
How Mr. Sris and His Of Counsel Handle Resisting Arrest Cases
The firm’s approach begins with a detailed review of the arrest circumstances. Law enforcement officers are required to follow specific procedures, and a resisting arrest charge often arises in the heat of a volatile situation. Mr. Sris and his Of Counsel scrutinize body-camera footage, arrest reports, and witness statements to determine whether the officer’s actions were lawful, whether the defendant knew the person was a police officer, and whether any resistance was a reflexive reaction rather than intentional obstruction.
In many instances, the defense focuses on the validity of the underlying stop or arrest. If the initial police action was not authorized, the resisting charge can be challenged on that basis. The firm works to negotiate with the District Attorney’s office for a reduction or dismissal, including potentially an Adjournment in Contemplation of Dismissal (ACD) for eligible defendants. An ACD in Onondaga County adjourns the case for six to twelve months and, if the defendant stays out of further legal trouble, results in automatic dismissal and eventual sealing. The goal in every case is a favorable resolution, though results vary based on individual facts.
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. As a former prosecutor, he understands how the state builds its cases and uses that insight to construct a well-prepared defense. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and his firm serves clients throughout Onondaga County from its New York location. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Working alongside Mr. Sris are experienced Of Counsel attorneys, all engaged through Excella. Together, the team has documented 4,739+ case results across practice areas firm-wide. Results may vary. Every resisting arrest matter benefits from a thorough investigation of the facts and a strategy tailored to the client’s specific situation.
Frequently Asked Questions
What is resisting arrest under New York law?
Resisting arrest is preventing or attempting to prevent a police officer from making an authorized arrest. Under the New York Penal Law, the offense covers conduct such as pulling away, struggling, or otherwise physically obstructing an officer during a lawful arrest. The charge does not depend on whether the officer was injured but rather on whether the person intentionally interfered with the arrest process.
Is resisting arrest a felony in Onondaga County?
Resisting arrest is normally a Class A misdemeanor, which is not a felony, but it can be elevated under certain circumstances. If the undisposed arrest is for a felony offense, or if the defendant’s actions create a substantial risk of physical injury to the officer or another person, the charge may be raised to a felony. An experienced defense attorney evaluates the charging documents to determine whether the felony classification is appropriate.
What are the penalties for resisting arrest in New York?
A Class A misdemeanor carries a maximum sentence of up to one year in jail, while a felony conviction can bring several years of imprisonment. Additionally, a conviction results in a permanent criminal record unless sealed, and may affect immigration status, professional licenses, and future employment. The actual sentence depends on the defendant’s prior record and the specific facts of the case.
Do I need a lawyer for a resisting arrest charge in Onondaga County?
Yes, having an experienced criminal defense attorney is important to protect your rights and work toward favorable outcomes. Even a misdemeanor conviction has lasting consequences, and there may be defenses available that are not obvious without a thorough legal review. An attorney can negotiate with the prosecution, seek an ACD, or challenge the lawfulness of the arrest itself.
How does a lawyer defend against a resisting arrest charge?
Common defenses include challenging the legality of the underlying arrest, showing that the defendant did not know the person was an officer, or demonstrating that any physical response was involuntary. A lawyer also examines whether the police used excessive force or failed to identify themselves properly. In Onondaga County courts, effective defense often involves motion practice, negotiations with the assigned prosecutor, and preparation for trial if necessary.
What should I do if I am arrested for resisting arrest in Onondaga County?
Remain calm, do not discuss the case with anyone except your attorney, and request to speak with a lawyer as soon as possible. Anything you say to law enforcement can be used against you. After release, document your recollection of the incident, preserve any evidence such as videos or witness contact information, and contact a criminal defense firm to request a consultation.
Serving adjoining New York communities: New York County (Manhattan) Criminal Lawyer · Kings County (Brooklyn) Criminal Lawyer · Queens County (Queens) Criminal Lawyer · Richmond County (Staten Island) Criminal Lawyer · Nassau County (Long Island) Criminal Lawyer
Resources: New York Penal Law · New York Criminal Procedure Law · New York State Unified Court System
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.