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NY Penal Law § 205.30: Resisting Arrest
Resisting arrest, NY Penal Law § 205.30, is intentionally preventing, or trying to prevent, a police officer or peace officer from making an authorized arrest of you or someone else. It is almost always added to another charge, and if the underlying arrest was not authorized, the resisting arrest charge can fail. It is a class A misdemeanor. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who defends these charges in Nassau County and Suffolk County courts.
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NY Penal Law § 205.30 at a glance
| Resisting arrest | |
|---|---|
| Statute | NY Penal Law § 205.30 |
| Charge level | Class A misdemeanor |
| Maximum jail term | Up to 364 days |
| Key element | The arrest must be authorized (based on probable cause) |
| Often charged with | Obstructing governmental administration, assault, disorderly conduct |
What NY Penal Law § 205.30 says
A person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person.
Resisting arrest is a class A misdemeanor.
Source: New York State Senate, official text. Read the full section, including any later amendments, before relying on it.
What the prosecutor has to prove
- A police officer or peace officer was making an arrest of you or someone else.
- The arrest was authorized, meaning the officer had probable cause.
- You intentionally prevented or tried to prevent the arrest, for example by pulling away, stiffening your arms or running.
Penalties for resisting arrest
| Outcome | What it means |
|---|---|
| Jail | Up to 364 days (class A misdemeanor). |
| Probation | Up to 3 years of probation. |
| Other consequences | A criminal record, and it often makes the underlying case harder to resolve. |
| Reduced outcome | Resisting arrest is frequently dismissed or folded into the resolution of the main charge. |
Charged with resisting arrest?
Call before your next court date. Consultations are free, in person at our Hempstead office or by video call or phone call. We answer 24/7.
How resisting arrest charges show up on Long Island
In the cases we’ve seen over the last two years, PL 205.30 charges come up more often in Suffolk County.
Resisting arrest is rarely charged alone. It typically appears with obstructing governmental administration, disorderly conduct, DWI, or assault in the second degree when an officer is said to have been injured.
In Nassau County, arrests are arraigned at the Nassau County District Court, 99 Main Street, Hempstead, NY 11550, across the street from our office. Felony cases that are indicted move to Nassau County Court, 262 Old Country Road, Mineola, NY 11501. In Suffolk County, arraignments are held at the Suffolk County District Court, First District, 400 Carleton Avenue, Central Islip, NY 11722. Indicted felony cases go to Suffolk County Court, Arthur M. Cromarty Criminal Court Complex, 210 Center Drive, Riverhead, NY 11901.
An example
Police respond to a noise complaint and decide to arrest a man for disorderly conduct. He pulls his arm away when an officer grabs him. He is charged with PL 205.30 and disorderly conduct. If the disorderly conduct arrest was not supported by probable cause, the arrest was not “authorized,” and the resisting arrest charge falls with it.
Defenses to a PL 205.30 charge
- The arrest was not authorized. Without probable cause for the underlying arrest, resisting arrest cannot stand.
- No intent to prevent the arrest. Flinching, reacting to pain or not understanding what is happening is not intentional resistance.
- Video evidence. Body camera and bystander video often tell a different story.
- Excessive force. Force used by officers is relevant to what happened and to credibility.
Related offenses
- Obstructing governmental administration (PL 195.05)
- Disorderly conduct (PL 240.20)
- Assault in the second degree (PL 120.05)
- Unlawful fleeing a police officer (PL 270.25)
NY Penal Law § 205.30: frequently asked questions
Is resisting arrest a crime in New York?
Yes. Resisting arrest under Penal Law 205.30 is a class A misdemeanor, punishable by up to 364 days in jail.
Can I be convicted of resisting arrest if the arrest was illegal?
The statute requires an authorized arrest, which means the officer needed probable cause. If the underlying arrest was not authorized, the resisting arrest charge can fail.
What counts as resisting arrest?
Intentionally preventing or trying to prevent an arrest, such as pulling away, tensing up to avoid handcuffs or running. Simply arguing or asking questions is not resisting arrest.
Can resisting arrest be dismissed?
Often it is dismissed or resolved together with the main charge, especially when the underlying arrest is weak.
How much does a lawyer cost for this charge?
Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation, so you know the cost up front.
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This is general information about New York law, not legal advice about your case. Laws change, and the right defense depends on the facts. Prior results do not guarantee a similar outcome.
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