Long Island Defense Lawyer Defending Clients Accused of Unlawful Fleeing From A Police Officer
You have certain rights when dealing with law enforcement officers. For example, you are not required to answer a law enforcement officer’s questions. However, the law does not give you the right to resist an arrest or flee from an officer who is trying to pull you over. In fact, both of these acts are criminal offenses that carry serious penalties.
If you are accused of resisting arrest or unlawfully fleeing from a police officer, speak to experienced criminal defense attorney Gianni Karmily right away. Gianni will immediately begin protecting your rights, fighting the charges, and working to secure your freedom.
What is Resisting Arrest in New York?
You can face criminal charges for resisting arrest when you intentionally prevent or try to prevent an officer from arresting you or someone else. This is a broad definition of resisting arrest, which means any act that is interpreted as an attempt to prevent arrest can lead to criminal charges. For instance, something as insignificant as waving your arms in the air in order to make it difficult for an officer to handcuff you could be seen as resisting arrest.
What is Unlawful Fleeing From A Police Officer on Long Island?
There are three degrees of unlawful fleeing from a police officer. You can face criminal charges for unlawfully fleeing from a police officer in the third degree if you attempt to avoid a traffic stop by speeding away or driving recklessly.
This criminal charge is increased to unlawful fleeing in the second degree if the officer or a third party is seriously injured as a result of your attempt to avoid a traffic stop. If the officer or a third party is killed as a result of your actions, you will face unlawful fleeing from a police officer in the first degree.
For example, if an officer turns his lights on to signal that you should pull over, you can face third-degree charges if you recklessly drive over a median and turn around in order to avoid the traffic stop. You can also face third-degree charges if you drive more than 25 mph over the speed limit in an effort to avoid a traffic stop. If someone is injured while you flee, it becomes a second-degree crime, and if someone is killed, it becomes a first-degree crime.
What Are the Penalties For Unlawful Fleeing and Resisting Arrest in New York?
Both resisting arrest and unlawful fleeing from a police officer are serious crimes. Resisting arrest is a class A misdemeanor, which is punishable by up to one year in jail or three years of probation in addition to $1,000 in fines.
The penalties for unlawful fleeing will depend on the level of offense. Third-degree unlawful fleeing is a class A misdemeanor, so it carries the same penalties as resisting arrest. Unlawful fleeing in the second degree is a class E felony, which is punishable by up to four years in prison and $5,000 in fines. The unlawful fleeing from a police officer in the first degree is a class D felony, which is punishable by up to $5,000 in fines and seven years in prison.
What Actions can Lead to a Resisting Arrest Charge in New York?
A person may face a resisting arrest charge if they intentionally interfere with a police officer attempting to make a lawful arrest. Examples of conduct that may lead to this charge include:
- Pulling away or struggling while officers attempt to handcuff you
- Physically blocking or pushing an officer during an arrest
- Refusing to place your hands behind your back when instructed
- Using physical force to prevent officers from detaining another person
Is Resisting Arrest Always Charged with Another Crime?
In many situations, resisting arrest is charged along with another alleged offense because the incident typically occurs while police are attempting to arrest someone for a different crime. However, the prosecution must still prove the elements of resisting arrest separately, meaning the charge must stand on its own based on the defendant’s actions during the arrest.
Can a Resisting Arrest Charge be Dismissed?
Yes. A resisting arrest charge may be dismissed or reduced depending on the facts of the case and the strength of the evidence. Possible defenses may include lack of intent, mistaken interpretation of the defendant’s actions, or proof that the arrest itself was not authorized under the law. Courts may also resolve some cases through dismissal agreements or reduced charges depending on the circumstances.
How do I Find a Resisting Arrest Lawyer Near Me?
To find a resisting arrest lawyer near you, search for a criminal defense attorney experienced in handling misdemeanor charges involving police encounters and arrest-related offenses. Review the attorney’s experience, case results, and client feedback, confirm they regularly defend resisting arrest and related criminal charges, and schedule a case evaluation to discuss your situation.
How Can An Attorney Fight Resisting Arrest or Unlawful Fleeing Charges?
There are a number of ways that Gianni Karmily can defend you against these charges, including:
- Showing that your actions were misinterpreted by the police and you were not intentionally attempting to resist arrest
- Arguing that you did not know that the officer was trying to pull you over before you fled
- Proving that you did not drive recklessly or in excess of 25 mph over the speed limit when fleeing
The defense strategy that is used will depend on the details of your case. Let Gianni Karmily review your case to determine the most effective way to beat your resisting arrest or unlawful fleeing charges. He will work tirelessly to help you clear your name or get your charges reduced or dismissed.
How Much Do Nassau County Resisting Arrest Defense Attorneys Cost?
One of the first questions that may cross your mind is, “How much will a Resisting Arrest defense lawyer cost?” The answer to this question can vary depending on a number of factors, including the complexity of the case, the severity of the criminal charges, and the attorney’s experience in criminal law.
More complex cases involving serious crimes will require more of your attorney’s time, which means these cases will typically cost more than less serious offenses.
Resisting Arrest defense attorneys usually charge flat fees for their legal services. Most attorneys charge a flat fee to handle pre-litigation matters and another flat fee if the case goes to hearings or trial.
Nassau County, Long Island, NY, is not the place to “Price Shop” for a Resisting Arrest defense attorney. If you do that, you risk making a life-altering mistake that will haunt you forever. If a law firm charges less, always ask yourself the reason why they are a “Budget” law firm.
4 Reasons You Should Hire The Law Firm of Gianni Karmily, PLLC As Your Nassau County Resisting Arrest Defense Attorney
1) LIFELONG RESISTING ARREST DEFENSE ATTORNEY
Gianni Karmily is a lifelong resisting arrest defense attorney serving Nassau County, Long Island, New York. His legal career has been dedicated to defending individuals accused of crimes and protecting the rights of people facing resisting arrest prosecution.
Unlike attorneys who begin their careers representing the government before transitioning into private resisting arrest defense, Gianni Karmily has developed his professional experience from the resisting arrest defense side of the justice system. His defense experience began before he became an attorney. While attending law school, Gianni served as an intern for the Public Defender’s Office at the Legal Aid and Defender Association in Detroit, Michigan, gaining firsthand experience defending individuals accused of resisting arrest offenses.
After returning to Nassau County, Long Island, New York, Gianni dedicated his practice to resisting arrest defense litigation and the representation of individuals facing resisting arrest charges. His practice encompasses the defense of individuals accused of a broad range of resisting arrest offenses, including DWI and DUI-related offenses, hit and run, assault, domestic violence, larceny, theft, drug crimes, weapons offenses, traffic-related crimes, white-collar crimes, and other misdemeanor and felony charges.
Gianni’s practice is centered on New York resisting arrest defense, New York Penal Law, Vehicle & Traffic Law, Resisting Arrest Procedure Law, constitutional advocacy, resisting arrest litigation, and protecting the rights of the accused. His defense-focused experience provides an operational perspective on resisting arrest cases that is centered on identifying weaknesses in the government’s case, challenging evidence, examining investigative procedures, and determining whether constitutional or procedural issues may affect the prosecution.
Depending on the circumstances of a particular case, resisting arrest defense representation may involve Fourth Amendment issues, search and seizure, suppression motions, unlawful searches, unlawful stops, probable cause, evidentiary challenges, procedural violations, constitutional defenses, and challenges to the sufficiency of the government’s evidence.
There is a natural advantage to an attorney you hire who has not been on the prosecution side because they have a totally different mindset not susceptible to institutional bias, which makes you subconsciously conditioned to think in a certain way and accept certain things that could put your client in peril.
A lifelong resisting arrest defense attorney develops what can be described as aggressive skepticism—an active approach to questioning allegations, scrutinizing evidence, challenging assumptions, examining police and investigative procedures, and determining whether the prosecution can establish every element required to prove the charged offense. Overall, the ability to challenge authority and the resisting arrest justice system as a whole is a core component that distinguishes resisting arrest defense attorneys who have practiced exclusively on the defense side from those who spent part of their careers doing the opposite—prosecuting cases and putting people in jail.
With more than 10 years of exclusive resisting arrest defense experience, the distinction is straightforward: Gianni Karmily is a resisting arrest defense attorney whose professional identity is built around defending the accused. Resisting Arrest defense is not a secondary practice area or a recent transition from prosecution to private practice. It is the focus of his legal career.
2) DIRECT ACCESS TO GIANNI KARMILY
Gianni Karmily is the principal attorney of the Law Firm of Gianni Karmily, PLLC. Clients facing resisting arrest charges in Nassau County have direct access to the attorney responsible for their representation.
A resisting arrest defense case should not be routinely passed from one attorney to another or from one paralegal to another without consistent attorney involvement. Gianni remains directly involved in the important aspects of each representation, including court appearances, case updates, client questions, evaluation of resisting arrest charges, review of available evidence, and defense strategy.
Direct access means that the attorney defending the case maintains firsthand knowledge of the client’s circumstances, allegations, procedural history, legal issues, and potential defenses.
Gianni also regularly works with other experienced resisting arrest defense attorneys, legal professionals, investigators, and other experts from different backgrounds when a particular case would benefit from additional experience or specialized knowledge. This allows the firm to maintain direct attorney involvement while also drawing upon additional resources when appropriate.
For individuals accused of a resisting arrest offense in Nassau County, Long Island, New York, direct communication with the principal attorney is an important part of the resisting arrest defense process that our firm does not take lightly.
3) LIMIT NUMBER OF CASES
The Law Firm of Gianni Karmily, PLLC limits the number of resisting arrest defense cases it accepts each month so that each client receives individualized attention and Gianni can dedicate the time necessary to develop a thorough defense without cutting any corners.
The firm does not approach resisting arrest defense as a high-volume process. Each resisting arrest case requires an examination of its specific facts, allegations, evidence, procedural history, and applicable New York law.
Limiting the number of cases allows Gianni to dedicate adequate time to:
- Understanding the specific circumstances of the client’s case.
- Reviewing the resisting arrest allegations and available evidence.
- Identifying potential constitutional and procedural issues.
- Evaluating applicable New York resisting arrest laws.
- Investigating potential defenses.
- Communicating directly with the client.
- Preparing adequately for court appearances.
- Developing an individualized defense strategy.
- Pursuing an appropriate resolution based on the facts and circumstances of the case.
4) OFFICE LOCATED STEPS AWAY FROM THE NASSAU COUNTY COURTHOUSE
The Law Firm of Gianni Karmily, PLLC has offices located steps away from the Nassau County Courthouse, placing Gianni Karmily and his resisting arrest defense practice immediately next to the courthouse where many Nassau County resisting arrest matters are handled.
For a resisting arrest defense client, having an attorney’s office steps away from the Nassau County Courthouse provides practical benefits throughout the representation. Resisting Arrest cases involve arraignments, court appearances, conferences, hearings, motions, plea proceedings, compliance appearances, and trials, depending on the charges and circumstances of the case.
The firm’s proximity makes it convenient for clients to meet directly with resisting arrest defense attorney Gianni Karmily before or after court proceedings, discuss developments in their case, review important legal issues, and communicate with Gianni when court-related matters arise.
For clients who may have multiple court appearances throughout a resisting arrest case, having their attorney’s office steps away from the Nassau County Courthouse can also reduce unnecessary travel between the courthouse and their attorney’s office. It provides a convenient, easily accessible location for attorney-client meetings before or after proceedings.
For a person searching for a Nassau County resisting arrest defense attorney, the combination of a lifelong focus on resisting arrest defense, direct attorney access, and an office located steps away from the Nassau County Courthouse provides a direct connection between the attorney, the client, and the local court system.
Contact Us Now to Schedule Your Case Evaluation With Our Resisting Arrest Lawyer in Nassau County
Have you been charged with resisting arrest or unlawfully fleeing from a police officer? Don’t make the mistake of taking these charges lightly. Let resisting arrest attorney Gianni Karmily stand by your side and protect your rights throughout the criminal court proceedings. With his help, you can reach the best possible outcome in your case. To schedule a confidential case evaluation with the Law Firm of Gianni Karmily, PLLC, call our Great Neck office at (516) 630-3405 or our Hempstead office at (516) 614-4228.
