“Resisting Arrest” Allegations and How They Affect Force Claims

How a Single Charge Can Undermine Your Excessive Force Case in Bronx, NY

When you hear the phrase "resisting arrest," it might sound like someone was actively fighting or fleeing. But in reality, the situation is often much more complicated, especially in places like the Bronx, where high-police presence and fast-moving arrests can spiral out of control. For people who experience excessive force during an arrest, this charge can make it harder to get justice. And when your side of the story gets buried under that one phrase, the emotional toll can be overwhelming.

If you're looking for a Bronx excessive force attorney, the attorneys at Horn Wright, LLP, understand how painful these situations are. We work closely with clients in the Bronx who face not only physical injuries but also the emotional weight of being unfairly blamed. Our attorneys understand how "resisting arrest" allegations are used and how they affect your right to hold law enforcement accountable. We’ll help you pursue your force claim while protecting your story every step of the way.

Understanding “Resisting Arrest” Under New York Law

In New York, resisting arrest is a separate criminal charge under Penal Law § 205.30. You can be charged even if the underlying arrest wasn’t legal, as long as the officer identified themselves and you knew they were attempting to arrest you. The law doesn't require physical fighting. Pulling your arm away or stepping back could be enough.

This has serious consequences in the Bronx, where police action unfolds quickly, especially in crowded areas like Fordham Road or near Yankee Stadium on game nights. Officers may interpret hesitation as resistance, even when a person is scared, confused, or in shock. That moment of panic can lead to a charge that colors everything that comes after it.

The key part? You don’t have to commit a violent act to be accused of resisting. It’s often a judgment call by the officer, and that can lead to unfair or exaggerated allegations.

How Officers Use Resisting Arrest Allegations

In many Bronx force cases, we see a pattern: officers tack on a resisting arrest charge after using force. Why? Because it gives them legal cover. If an officer injures someone, claiming the person resisted helps justify their response.

This tactic can turn the tables. Suddenly, you're someone accused of fighting back. In court, that shift matters. It influences how prosecutors view the case, how juries perceive your actions, and how judges evaluate your credibility.

In places like the Grand Concourse or Soundview, where body cams may not capture every angle and civilian witnesses hesitate to come forward, the officer’s word often carries more weight. That’s why this allegation matters. It tilts the playing field.

And once that charge appears in the police report, it becomes harder to tell your side of the story without being labeled as combative or uncooperative.

What Counts as Excessive Force in the Bronx

Police officers are allowed to use force, but only as much as reasonably needed. The line gets crossed when the force continues after someone has complied or when it goes far beyond what the situation called for. In the Bronx, where precincts like the 40th and 52nd have faced complaints for aggressive tactics, these situations are more common than people think.

Excessive force doesn’t always mean broken bones or hospital stays. It also means unnecessary punches, tight handcuffing that causes nerve damage, or violent takedowns for minor offenses. What matters most is whether the officer’s response made sense, given what was actually happening in the moment.

Courts and review boards, like the Bronx Civilian Complaint Review Board, look at factors such as:

• The level of threat posed by the person
• Whether the person was armed
• If the person had already complied
• The number of officers involved
• Whether de-escalation was attempted

In busy areas of the Bronx, especially where tensions run high, police sometimes act quickly without pausing to assess. That’s where these incidents unfold.

How Resisting Arrest Allegations Impact Force Claims

This is where things get tough. When someone files a claim for excessive force, but they’re also charged with resisting arrest, it creates a conflict. The officer says force was necessary. The injured person says it went too far. But the presence of the criminal charge can cloud the case.

In the Bronx, where criminal and civil courts sit just blocks apart, these cases often overlap. A person might be attending hearings for their resisting charge at Bronx Criminal Court while trying to build a civil case for injuries they suffered during the same incident.

Judges and juries might assume that if someone resisted, they "deserved" some level of force. That’s not true. But it’s a bias that defense attorneys working for the city often exploit. They argue that any injuries were the result of your own actions.

This is why evidence becomes so important. Without it, the person making the force claim has to fight an uphill battle just to prove they weren’t the aggressor.

Evidence That Can Shift the Case in Your Favor

Evidence is everything when it comes to challenging both the resisting arrest charge and the officer’s use of force. And in a place like the Bronx, where cameras are on nearly every street corner, there are often more sources than people think.

Useful forms of evidence include:

• Surveillance footage from local businesses or street cameras (especially along East Tremont Avenue)
• Video from MTA buses or subway platforms
• Medical reports that contradict officer statements
• Civilian witness statements
• Discrepancies in the officer's own body cam footage

For example, if an officer says someone was flailing or kicking, but a video shows them lying still while being struck, that could significantly shift how the court views the incident. The same applies to injuries that don’t match the story in the arrest report.

The more you can show that your actions didn’t justify the force used, the stronger your claim becomes.

When the Force Doesn’t Match the Resistance

Even if some resistance occurred, that doesn’t give police a blank check. The force they use must still be proportional. That means they can’t escalate beyond what’s needed to complete the arrest.

In the Bronx, we’ve seen cases where officers used takedowns, strikes, or chokeholds in response to verbal objections or minor physical movement. That doesn’t stand up in court when the response clearly outweighs the situation.

For instance, if someone pulls their arm back as a reflex, but the officer slams them face-first into the sidewalk, that’s not balanced. And if the injuries include things like concussions, broken teeth, or shoulder dislocations, the force used will likely be viewed as excessive.

When the force doesn’t match the resistance, your case gains power, especially when medical records and video evidence confirm it.

Fighting Back in Bronx Courts

Dealing with both criminal and civil matters can feel overwhelming. In the Bronx, many people are forced to defend themselves in criminal court while trying to pursue justice in civil court. Timing becomes a challenge, and mistakes can affect both outcomes.

Typically, if you’ve been charged with resisting arrest, your force claim won’t move forward until the criminal case is resolved. If the charge gets dismissed or you’re acquitted, it strengthens your civil case.

Bronx judges are used to seeing these dual-track situations. Some are skeptical of force claims tied to open criminal cases, while others recognize the pattern of overcharging.

To build your case, you’ll likely need:

• A dismissal or favorable outcome in criminal court
• A clear timeline of events
• Consistent medical records
• A civil attorney who understands the local system

The Bronx legal process can be slow, but building a strong case from the start increases your chances of success on both fronts.

How Bronx Attorneys Approach These Complex Cases

Local experience makes a difference. Attorneys who handle these cases regularly in the Bronx know how to read between the lines of an NYPD arrest report. They know how to get surveillance footage quickly before it disappears. And they understand how to speak to judges who’ve seen hundreds of similar cases.

They also know which precincts have patterns of complaints. For example, if the officer involved has a history of misconduct filed through the Civilian Complaint Review Board, that information can be used to challenge their credibility.

Good attorneys don’t rely on just one piece of evidence. They layer it:

• Medical photos showing bruising or fractures
• Statements from witnesses who saw what happened
• Conflicting reports from multiple officers
• Details that contradict the official timeline

In the Bronx, where force cases often hinge on credibility, this kind of detailed approach matters. It gives your story the foundation it needs to be heard fully and fairly.

Talk to Horn Wright, LLP, About Your Bronx Force Case

If you’re facing a resisting arrest charge after being hurt by the police in the Bronx, you’re not alone. At Horn Wright, LLP, our attorneys know how to challenge both the criminal accusations and the force used against you. We work hard to bring out the truth, no matter how buried it may feel. To take the next step, contact our legal team today to start protecting your rights and building your case.