Resisting Arrest Lawyer Ontario County, NY
You were heading through Ontario County when a traffic stop turned contentious. Voices were raised, hands were placed, and suddenly you heard the words “resisting arrest.” Now you are facing a criminal charge that threatens your record, your job, and your peace of mind. You know you need a lawyer who understands how New York law treats resisting-arrest allegations, and who can step into the local court with a thorough defense strategy. A call to (888) 437-7747 connects you with Law Offices Of SRIS, P.C., a firm whose criminal defense team handles exactly these situations across New York State. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Reach our location by phone at (888) 437-7747. Consultations are available by appointment; calls are answered 24 hours a day, every day of the year.
Strategy Options for a Resisting Arrest Charge
When Law Offices Of SRIS, P.C. takes on a resisting-arrest matter, the legal team immediately examines the encounter that led to the charge. Under New York Penal Law, an officer must be performing a lawful duty at the time of the alleged resistance. If the underlying stop, frisk, or detention was not lawful, a motion to suppress can weaken the prosecution’s case significantly. Mr. Sris and his Of Counsel also scrutinize whether the accused’s actions truly constituted resistance — mere verbal protest, reflexive movement, or failure to comply instantly may not meet the statutory threshold.
Another avenue involves negotiating with the Ontario County District Attorney’s office for an alternate disposition. In some circumstances, the matter may be resolvable through an Adjournment in Contemplation of Dismissal (ACD), which would lead to the charge being dismissed after a period of good behavior. Other options include a plea to a lesser violation, keeping a misdemeanor conviction off the record. Every strategy is tailored to the specific facts and the client’s goals.
What to Expect When You Are Represented
Once our firm enters the case, we will request all discovery — police reports, body-worn camera footage, witness statements — and begin building a defense. You will receive guidance on court dates, attire, and conduct. Ontario County criminal matters are heard at the Ontario County Supreme Court Criminal Term (for felonies) or local criminal court for misdemeanors and violations. The firm’s attorneys are familiar with the 7th Judicial District’s procedures and will appear on your behalf at every listing.
New York’s 2020 bail reform eliminated cash bail for most misdemeanors and non-violent felonies, so a resisting-arrest defendant is typically released on recognizance or with minimal conditions. The court will set a schedule that follows the speedy-trial requirements of the Criminal Procedure Law, and our team will keep you informed at each stage, from arraignment through any hearings or trial.
Penalty Overview — What a Conviction Means
Resisting arrest is generally charged as a Class A misdemeanor in New York. That means a conviction carries a maximum sentence of up to one year in jail. In practice, first-time offenders often receive probation, a conditional discharge, or a fine, but the consequences extend well beyond the courtroom: a criminal record can affect employment, housing, immigration status, and professional licensing. The firm works to minimize these repercussions by pursuing outcomes that avoid a permanent criminal conviction whenever possible.
Even if jail time is unlikely, the stain of a misdemeanor is serious. Mr. Sris and his Of Counsel know how to present mitigating factors and challenge the evidence so that the court sees the full picture. The goal is always a resolution that protects the client’s future.
Attorney Credentials
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who now puts his trial experience to work for individuals accused of crimes. Admitted in New York, Virginia, Maryland, the District of Columbia, and New Jersey, he has handled thousands of criminal matters since founding the firm in 1997. His ability to view a case from the prosecution’s perspective gives clients a tactical advantage, especially when the evidence appears one-sided.
Mr. Sris is joined by a team of seasoned Of Counsel attorneys, all of whom bring deep litigation background to the table. Together, Mr. Sris and his Of Counsel draw on over 120 years of combined legal experience. Results may vary. Law Offices Of SRIS, P.C. has documented 4,739+ case results firm-wide since 1997.
Frequently Asked Questions
What is resisting arrest under New York law?
Resisting arrest is the intentional act of preventing or attempting to prevent a police officer from effecting an authorized arrest. In New York, it is typically charged as a Class A misdemeanor under the Penal Law. The prosecution must prove that the defendant knew the officer was making an arrest and deliberately resisted — passive non-cooperation is not enough.
What are the possible penalties for resisting arrest in Ontario County?
A Class A misdemeanor conviction carries up to one year in jail, fines, and a permanent criminal record. First-time offenders often avoid jail through probation or a conditional discharge, but the impact on a person’s record can be lasting. The firm works to obtain a dismissal, an ACD, or a plea to a lesser violation to minimize collateral consequences.
Will I go to jail for a resisting arrest charge?
While jail is a possible sentence, many first-time resisting-arrest defendants in New York do not receive jail time. Because of bail reform, most people are released on their own recognizance after arrest. The final outcome depends heavily on the quality of the defense and the specific facts of the case. Our team strives for resolutions that keep clients out of incarceration.
What is an ACD and can it apply to resisting arrest?
An ACD, or Adjournment in Contemplation of Dismissal, is a New York disposition where the case is adjourned for several months and then dismissed if the defendant stays out of trouble. While not available in every case, ACDs are often granted for first-offense misdemeanors, including some resisting-arrest matters. The record can later be sealed, effectively erasing the charge.
How does the 2020 bail reform affect a resisting arrest arrest?
New York’s bail reform eliminated cash bail for most misdemeanors, including resisting arrest, so most defendants are released on their own recognizance or on desk-appearance tickets. This means you generally will not be held in jail while the case proceeds. The change reduces pretrial detention but does not affect the eventual penalty.
Can a resisting arrest charge be reduced or dropped?
Yes, resisting arrest charges can be reduced to a violation or even dismissed with strong legal representation. Pretrial motions, negotiation with prosecutors, and presentation of mitigating evidence are common paths to a favorable outcome. Mr. Sris and his Of Counsel regularly negotiate amended charges, and their familiarity with Ontario County court practices gives clients a practical advantage.
What should I do if I am arrested for resisting arrest?
If you are arrested, remain calm, do not make statements about the incident, and ask to speak with an attorney. Anything you say can be used against you. As soon as possible, contact an experienced criminal defense lawyer who can protect your rights and begin building a defense before your first court appearance.
Why should I hire an attorney instead of just handling the case myself?
A misdemeanor conviction can have serious long-term consequences, and a trained lawyer understands how to challenge the evidence, negotiate with the district attorney’s office, and avoid a criminal record. Self-represented defendants often miss procedural defenses and sentencing alternatives. The investment in counsel can save you from years of hardship.
How do I pay for a lawyer for a resisting arrest charge?
Law Offices Of SRIS, P.C. Discusses fees during an initial consultation and offers payment plans in appropriate circumstances. The cost varies based on the complexity of the case. A consultation allows you to understand the fee structure and decide how to proceed without pressure.
What courts handle resisting arrest cases in Ontario County?
Misdemeanor resisting-arrest cases are heard in local criminal court; felony-level charges go to the Ontario County Supreme Court Criminal Term. The main courthouse is located at 27 North Main Street, Canandaigua, NY 14424. Mr. Sris and his Of Counsel appear regularly in these courts and are familiar with the local calendar and personnel.
Request a Consultation
To discuss your resisting arrest charge with a team that concentrates its practice on criminal defense, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Our phones are answered 24 hours a day, 365 days a year. Consultations are by appointment, and we serve clients throughout Ontario County, including Canandaigua, Geneva, Victor, Farmington, Manchester, Phelps, Hopewell, and the surrounding Finger Lakes communities.
Law Offices Of SRIS, P.C. — New York Location
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
By appointment only. Call (888) 437-7747.
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Case results depend on a variety of factors unique to each case.
Results may vary.