Disorderly Conduct and and Resisting arrest, dropped to a Disorderly Conduct.

I guess the most important details are- I was drinking under age and vomited, cops came up to me, and I bad mouthed them. They proceeded to arrest me for bad mouthing them, but went about it in a pretty vindictive manner. They punched me, dragged me by the chain of the hand cuffs (Still have scars, and there were witnesses), while in the cop car one cop was torquing my legs in a painful manner and refused to stop (Though I was already in the car) so I struggled. Because I struggled I got a resisting arrest. I guess my question is If I proved that the police used excessive force, is it valid to argue that struggling was an act of self preservation and not resistance? I'm not as concerned about the violation as I am the resisting arrest.

Binghamton, NY -

Attorney Answers (3)

Marco Caviglia

Marco Caviglia

Criminal Defense Attorney - Poughkeepsie, NY
Answered

Defending against resisting arrest is one of the toughest, beleive it or not. Public policy holds that no matter how justified you are in retrospect i.e. there was never a valid reason to arrest you, you can still be convicted of the resisting. Here you are stating that there may ba a valid arrest in the first instance which does not help. In circumstances, if "self-preservation" equates to self defense, you may be able to defend, but it depends on your witnesses, etc. Consult your criminal defense attorney and discuss your prospects.

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Eric Edward Rothstein

Eric Edward Rothstein

Criminal Defense Attorney - New York, NY
Answered

This is a your word v. Cops case. Hire a good criminal defense lawyer. Hooefully your witnesses are credible.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
Edwin Drantivy

Edwin Drantivy

Criminal Defense Attorney - Brooklyn, NY
Answered

I agree with my colleagues. It will be an uphill battle, especially if they were justified in arresting you for whatever reason.

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