Resisting Arrest and Obstructing Government Administration in the 2nd degree in New York

 

These are both criminal offenses that can be charged when you do not comply with police orders or attempt to run away from police.  Both of these crimes are charged frequently in Ithaca and the surrounding counties.  They require local criminal defense counsel to do a thorough analysis of the facts in each case.

Obstructing Government Administration in the 2nd degree Penal Law, s.195.05

A person is guilty of Obstructing Governmental Administration in the Second Degree when that person intentionally [obstructs, impairs or perverts the administration of law or other governmental function or] prevents or attempts to prevent a public servant from performing an official function.  

This crime is most often charged when somebody runs from the police or refuses to comply with the police.  Basically, if you do not do what the police ask you to do, they can charge you with this crime. If you run away from police, this crime can be charged (and often is). It is a Class A misdemeanor. 

Penalties: 

  1. Up to 1 year in jail
  2. Up to 3 years Probation (closely monitored community supervision)
  3. $0-$1000 fine
  4. Court surcharges 
  5. A permanent criminal conviction (DNA sample required. DNA fee)
  6. Community service

Resisting Arrest, Penal Law, s. 205.30

A person is guilty of Resisting Arrest when he or she intentionally prevents or attempts to prevent a police officer [or peace officer] from affecting an authorized arrest of himself or herself [or another person].

If an officer is trying to arrest you, do not struggle/fight or you will simply add more charges.  This charge can also be brought against you if you RUN from police.  It becomes a very serious situation if you put your hands on an officer.  Then, the prosecutor will be much less likely to offer any kind of good plea offer prior to a trial. This is also a Class A misdemeanor. 

Penalties:

  1. Up to 1 year in jail
  2. Up to 3 years Probation (closely monitored community supervision)
  3. $0-$1000 fine
  4. Court surcharges 
  5.  A permanent criminal conviction (DNA sample required. DNA fee)
  6. Community service

If you are charged with either of these misdemeanors, it is in your best interest to find a local criminal defense attorney to help you defend these serious charges. 

If you have been charged with OGA 2nd or Resisting Arrest, call us: 607-229-5184


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