Resisting Arrest and Obstructing Governmental Administration

Gregory P. Garofalo, Esq. has been practicing law for over 27 years. Over the years Mr. Garofalo has defended the crime of Obstructing Governmental Administration in the Second Degree (Penal Law Section 195.05). In upstate counties these arrests involve a person who does not do what the police ask and/or that which prevents a police officer from performing an official function. Likewise, another way to charge this crime is Resisting Arrest (Penal Law Section 205.30). For example, you will be charged with Resisting Arrest if you run away from the police or put up any sort of physical struggle with the police officer.

Obstructing Governmental Administration in the Second Degree and Resisting Arrest are both class A misdemeanors. A class “A” misdemeanor carries a sentence of up to one year in jail and will carry a fine and surcharge from the Court. In addition, these misdemeanor charges require representation by an attorney to get a good plea bargain. With an attorney present it is unlikely that a first time offender is given jail time in a plea bargain offer. In fact, prosecutors commonly offer good plea bargains to defendants accused of these charges and who have never previously been arrested. The prosecutor may offer a plea to Harassment (Penal Law Section 240.26) or Disorderly Conduct (Penal Law 240.20)—both violations of law, not crimes. Or, even better, the prosecutor may offer an Adjournment in Contemplation of Dismissal (commonly known as an “ACOD” or “ACD”) and there will be no fine or surcharge if the case is resolved in this manner. However, the prosecutors may ask for some sort of community service, for example five (5) hours to twenty (20) hours, depending on the Judge and/or the prosecutor.

Gregory P. Garofalo, Esq. is an accomplished criminal defense attorney with over 27 years of experience in this area of the law. Mr. Garofalo represents people throughout Saratoga, Albany, Schenectady, Warren, and Washington Counties, including Ballston Spa, Clifton Park, Halfmoon, Saratoga Springs, Gansevoort, Wilton, Waterford, Malta, Rotterdam, Albany, Latham, Lake George, Colonie, Schenectady, Glens Falls, and Queensbury, in addition to other locations. Contact the Law Office of Gregory P. Garofalo by phone at (518) 584-1557 or online to schedule a free consultation.