New York Criminal Lawyer BlogChallenging the legal or facial sufficiency of a complaint against an accused is a common if not routine motion made by criminal defense lawyers. When a prosecutor proceeds on a complaint it becomes was is termed an information. The information must be legally sufficient to provide for the elements of the crime charged and notice […]
Search Results for: 205.30
New York Penal Law 205.30: Is Dismissal of Other Arrest Charges a Criminal Defense to Resisting Arrest
Sometimes Resisting Arrest, pursuant to New York Penal Law 205.30, is the top count or sole “A” misdemeanor crime charged in a criminal court complaint. Whether it is in New York County (Manhattan), Kings County (Brooklyn), Queens County, or Westchester County, an arrest for Resisting Arrest is certainly a charge worthy of concern. After all, […]
Resisting Arrest: New York Penal Law 205.30 & Your Criminal Defense
It is fairly common in the courts throughout New York City (Manhattan, Brooklyn, Queens and the Bronx) for criminal defense attorneys to represent clients charged with Resisting Arrest, pursuant to NY Penal Law 205.30. While it certainly can be a legitimate charge, very often the police will add this charge on top of the original […]
Reckless Driving and Resisting Arrest Misdemeanors Dismissed: Client Wrongfully Arrested and Maced
Like in any profession, from teachers to doctors and lawyers to carpenters, there are a few bad apples. Sometimes the consequence of a bad apple is more than a mouthful of unpalatable food. In the realm of law enforcement, a bad apple can mean a night (or a lot more) in jail and a face […]
Acting in Concert & Accomplice Liability: How Far Must You Go to be Liable for Another Person’s Conduct
New York, like all other states, has its own means to determine whether individuals can be arrested and charged as co-defendants for a particular crime. Obviously, merely being present when a crime is committed by another person is not legally sufficient enough to establish guilt beyond a reasonable doubt (although, do not be shocked if […]
Falling Like a House of Cards: Resisting Arrest Dismissed as a Result of Legally Insufficient Claims of Disorderly Conduct
One of the more common ways the police and prosecutors can amplify an otherwise insignificant event is by alleging, and ultimately arresting a person for, Resisting Arrest (New York Penal Law 205.30) or Obstructing Governmental Administration in the Second Degree (New York Penal Law 195.05). That is not to say that these crimes are not […]
Resisting Arrest: The Necessity of an Authorized Arrest & the Right to Object to Unlawful Police Conduct
One of the most frustrating crimes that New York criminal lawyers must defend against is the crime of Resisting Arrest. Although New York Penal Law 205.30 is not as serious a crime as a felony offense, it is frustrating because for every legitimate Resisting Arrest charge that is prosecuted, there are also many violations of […]
Second Degree Harassment: What Can Happen to an NY PL 240.26 Charge When Your Initial Arrest was Unauthorized
While some New York criminal lawyers, prosecutors and judges use the term “fruit of the poisonous tree,” the wording is not nearly as important as the concept in criminal law. That is, if initial conduct by a police officer is unauthorized, for example, the recovery of contraband or property may not be used against the […]
Occupy Wall Street: What Disorderly Conduct & Other Criminal Arrests Mean to a Protester’s Future
We can all agree to disagree on the merits, impact and value of Occupy Wall Street sit-ins, protests and mere presence in lower Manhattan. Whether protesters blocking the Brooklyn Bridge hurt the blue collar and regular working class person trying to get to and from work or their actions truly intensified the light on certain […]
Obstructing Governmental Administration (New York Penal Law 195.05): Can Words Alone be the Basis of the Obstruction
Often times confused with Resisting Arrest (New York Penal Law 205.30), Obstructing Governmental Administration in the Second Degree (New York Penal Law 195.05), occurs when a person intentionally obstructs the administration of law or attempts to prevent a public servant, such as a police officer, from performing an official function. This obstruction can be through […]