Resisting Arrest in New York – What to know

What It Means

Under New York Penal Law § 205.30, resisting arrest occurs when a person intentionally prevents or attempts to prevent a police officer from lawfully arresting them or another person. It doesn’t matter whether the arrest is for a serious crime or a minor offense—even if that underlying charge is later dismissed, you can still be prosecuted for resisting.

Common Examples:

• Pulling away when officers try to place you in handcuffs
• Running away after being told you’re under arrest
• Blocking or physically interfering with officers making the arrest
• Struggling or fighting back during the arrest process
• Helping someone else resist their arrest

Even minor physical resistance can result in this charge. Words or yelling alone don’t count—it must involve some level of physical interference.

Penalty:

• Resisting Arrest is a Class A Misdemeanor
• Punishable by:
  • Up to 1 year in jail
  • Possible probation, community service, or fines
• Often charged alongside the original offense (e.g., disorderly conduct, assault, drug charges)

What Prosecutors Must Prove:

To convict you, the prosecution must show:

1. A lawful arrest was taking place
2. You intentionally tried to prevent it
3. Your resistance involved physical actions, not just words

The arrest must be legal—if the police did not have probable cause or acted outside their authority, that may be a valid defense.

Common Defenses:

• Excessive force: You acted to protect yourself from unnecessary or illegal physical force
• Unlawful arrest: The police lacked legal grounds to detain you
• No intent: Your actions were instinctive or confused—not purposeful resistance
• No physical interference: You were only arguing or protesting verbally