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.
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.
