PL 205.30 · Article 205
Resisting Arrest
Under NYS Penal Law 205.30 — the resisting arrest NYS PL section — this offense concerns intentionally preventing or attempting to prevent an authorized arrest by a police officer or peace officer. It can involve the arrest of the person accused or someone else, and the prosecution must prove the required intent, conduct, and authorization beyond a reasonable doubt.
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Text us immediately · (845) 290-2492Definition under New York law
PL 205.30 · Original statutory wording; excerpts must be read together with the full section.
§ 205.30 Resisting arrest. 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.Read the full section at the New York State SenateIn everyday language
Under NYS Penal Law 205.30 — the resisting arrest NYS PL section — this offense concerns intentionally preventing or attempting to prevent an authorized arrest by a police officer or peace officer. It can involve the arrest of the person accused or someone else, and the prosecution must prove the required intent, conduct, and authorization beyond a reasonable doubt.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- A police officer or peace officer was effecting an authorized arrest; these officer categories are alternatives, not cumulative requirements.
- The arrest was of the person accused or another person; these are alternatives, not cumulative requirements.
- The person accused intentionally prevented or attempted to prevent that arrest; prevention and attempted prevention are alternatives, so successful prevention is not required.
- The prosecution must prove every required element beyond a reasonable doubt.
Defenses that commonly apply
- What facts establish that the arrest being effected was authorized?
- What shows that the person accused intended to prevent the arrest rather than acted accidentally or involuntarily?
- What conduct allegedly prevented or attempted to prevent a police officer or peace officer from effecting the arrest?
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to $1,000.
Common questions about your defense
Can the authorization for the arrest be challenged in a resisting-arrest case?
The supplied statute expressly requires an authorized arrest. If the evidence does not establish that authorization, it would leave a required element unproven. The prosecution must also prove beyond a reasonable doubt that the person accused intentionally prevented or attempted to prevent a police officer or peace officer from effecting the arrest.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
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