Nassau County criminal defense lawyer Russ Kofman (https://www.lebedinkofman.com/how-to-get-a-resisting-arrest-charge-dropped-in-new-york/), of Lebedin Kofman LLP, recently shared crucial insights into strategies to potentially get resisting arrest charges dropped. With a strong background in defending individuals accused of resisting arrest, Kofman sheds light on various aspects of New York’s legal system and how defendants can navigate it successfully.
Nassau County criminal defense lawyer Russ Kofman begins by addressing the gravity of a resisting arrest charge, which often accompanies other criminal accusations. The charge can complicate an already challenging legal situation. Kofman emphasizes the importance of understanding the specifics of a resisting arrest accusation, including the actions that led to the charge and the arresting officer’s behavior. With experience as a Nassau County criminal defense lawyer, Kofman highlights that there are legitimate defenses for individuals facing such charges, depending on the circumstances surrounding their case.
One key defense, as explained by Nassau County criminal defense lawyer Russ Kofman, revolves around the definition of resisting arrest under New York law. The state requires the prosecution to prove that the defendant intentionally prevented the officer from making an arrest through physical resistance. This can include struggling or fleeing. However, Kofman points out that many defendants are wrongfully charged with resisting arrest simply for questioning the arrest or out of confusion during the incident. The Nassau County criminal defense lawyer emphasizes that knowing the specifics of what constitutes “resisting” is critical to building a defense.
In the article, Russ Kofman discusses how establishing the lack of probable cause for the initial arrest can be a powerful defense. If the initial arrest was unlawful, then any subsequent charge of resisting that arrest may be invalidated. Kofman further explains, “When the initial arrest lacks probable cause, any resistance to that arrest may not stand in court. Challenging the legality of the initial arrest can sometimes lead to the resisting arrest charge being dropped altogether.” This approach requires a thorough investigation of the arrest, gathering evidence such as video footage, witness statements, and police reports to prove that the officer did not have the legal grounds for the arrest in the first place.
Another significant factor in defending a resisting arrest charge, according to Nassau County criminal defense lawyer Russ Kofman, is addressing whether excessive force was used by the arresting officers. If the police used unnecessary or excessive force during the arrest, the defendant may have been acting in self-defense, rather than resisting arrest. In these cases, Kofman recommends documenting any injuries and securing medical records as part of the defense strategy. This can provide vital evidence in court and shift the focus onto the officers’ conduct rather than the defendant’s actions.
In addition to these defenses, Kofman underscores the importance of understanding the legal concept of intent. For the prosecution to secure a conviction for resisting arrest, they must prove that the defendant knowingly and intentionally resisted. In many situations, individuals may have been acting out of fear, confusion, or misunderstanding, which can be used to challenge the prosecution’s narrative. Kofman suggests that demonstrating a lack of intent to resist can be a pivotal factor in negotiating a dismissal or reduced charges.
Moreover, Russ Kofman touches on the importance of building a strong legal case that involves thorough review and preparation. This includes requesting all relevant police reports, body cam footage, and any available surveillance video. Kofman also highlights the necessity of witness testimony to contradict the officers’ version of events when applicable. These steps, combined with skilled legal arguments, can lead to a favorable outcome, such as having the charges reduced or dismissed altogether.
Defending against a resisting arrest charge requires a nuanced understanding of both the legal system and the specific facts of the case. As Nassau County criminal defense lawyer Russ Kofman emphasizes, having a skilled defense attorney who can meticulously review the details of the arrest and the behavior of law enforcement can make a critical difference in the case’s outcome. Kofman also highlights that a detailed, proactive defense can often lead to charges being dropped or significantly reduced before trial, saving defendants from the stress and uncertainty of prolonged court proceedings.
Those facing resisting arrest charges should seek legal advice promptly to assess their options and prepare for their defense. Every case is unique, and the details of the incident will greatly impact the strategy that can be used. Kofman encourages defendants to take swift action and consult with a knowledgeable Nassau County criminal defense lawyer to protect their rights and explore possible defenses.
About Lebedin Kofman LLP:
Lebedin Kofman LLP is a Nassau County-based law firm that can provide dedicated and strategic representation in criminal defense cases. The firm, led by Russ Kofman, can handle a wide range of criminal matters, including resisting arrest charges, and is committed to protecting the rights of individuals facing criminal accusations in New York City and the surrounding areas. With a reputation for thorough defense and client-centered legal service, Lebedin Kofman LLP can advocate for those in need of legal representation.
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