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When someone leaves the precinct after a difficult arrest, they are usually carrying two things: paperwork and a sinking feeling that no one is going to believe their side of the story. Then they read the complaint or the police report and see those words that seem to destroy any hope of a fair hearing: “the defendant was resisting arrest.”
I’ve been representing people in criminal and civil rights cases for over three decades, and I can tell you this: that phrase is not the end of your case. It is not the end of your story. It is simply the beginning of the work we have to do together.
Let me walk you through what “resisting arrest” really means for your situation, how it affects both criminal charges and excessive force claims, and why you should not assume you are out of options.
Police use the word “resisting” far more often than most people realize. Sometimes it reflects true, active resistance. Other times, it is a label placed on normal human reactions during a frightening and confusing encounter.
In the real world, people react to stress in all kinds of ways. They might pull away when handcuffs dig into their wrists. They might turn their head to see what is happening behind them. They might instinctively cover their face or body if they think they are about to be hit. They might plead, question, or tense up.
None of those things automatically make someone a criminal. None of those things automatically justify painful takedowns, punches, strikes with a baton, taser deployments, or repeated uses of pepper spray.
The law looks at whether the force used by police was objectively reasonable under the circumstances. That standard does not disappear just because an officer wrote the word “resisting” in a report.
This is where most people feel discouraged and where my job really begins. There is a huge difference between minor, momentary resistance and the kind of force some officers decide to use.
If you pulled your arm back because the officer twisted it suddenly, that is not a license for them to slam you into the pavement. If you asked what was happening and tried to turn around while they were cuffing you, that does not justify a knee on your neck or back. If you stumbled or lost your balance and they decided to “take you down,” we may be looking at force that went far beyond what was necessary.
Courts and juries are allowed to consider all of this. Even if there was some level of resistance, the question is whether the response was proportional. Many excessive force cases are won, not because the person was perfect, but because the officer’s reaction was clearly over the line.
From a civil rights perspective, a resisting charge or allegation does not automatically destroy an excessive force case. It simply adds another layer to analyze.
In a civil rights case, I look at:
Body-cam video, street cameras, store footage, bystander cell phone videos, medical records, and witness statements often paint a very different picture than the written report. Sometimes we find that any “resistance” was minimal, or that the worst force came after you were already on the ground, handcuffed, or no longer a threat.
The law does not give officers a free pass to punish, humiliate, or “teach a lesson.” Their role is to safely control a situation, not to retaliate or vent frustration. When they cross that line, even if there was some resistance earlier in the encounter, you may have a strong excessive force claim.
On the criminal side, a resisting arrest charge still has to be proven beyond a reasonable doubt. It is not enough for an officer to say, “I felt resistance.” The prosecution must show what you actually did and why it meets the legal definition of the crime.
In my practice, I have challenged resisting charges by:
Sometimes resisting charges are reduced. Sometimes they are dismissed. Sometimes they become the foundation of a civil rights claim, because the effort to justify force on paper does not match what actually happened on video.
I know how overwhelming this all feels. You may be dealing with criminal charges, physical injuries, emotional trauma, or all three at once. You may feel like everyone is automatically taking the officer’s side.
My role is to step into that chaos and start bringing order. I listen carefully to your account. I obtain the records, the footage, and the reports. I look for gaps, inconsistencies, and moments where the officer’s choices stopped being about safety and started looking like punishment.
I have handled thousands of cases over the years. I have seen officers do the right thing under pressure, and I have seen officers go far beyond what the situation required. I know what to look for, and I know how to explain it to judges, juries, and opposing counsel.
If you are dealing with a situation where the police say you were resisting, there are some important steps you can take:
The sooner I can start looking into your case, the better chance we have of preserving evidence and protecting your rights on both fronts.
If your arrest involved force and you are worried that the words “resisting arrest” have ruined your chances, I want you to know that you are not alone and you are not out of options.
I’m Ed Palermo and I’m a criminal defense attorney with over thirty years of experience. I offer free consultations, and when I take on a case, my clients get direct access to me. We will talk through what happened, what you are facing, and what we can do next. My job is to stand between you and a system that can feel very one-sided, and to push back when police overstep their authority.
If you are ready to talk, reach out and let me review your situation. Together, we can figure out the best way forward.
Getting pulled over and arrested for DWI can turn your world upside down in an instant. You’re worried about your job, your license, your family, and whether you’re facing misdemeanor or felony charges. The difference between the two is massive, and it’s natural to feel overwhelmed trying to figure out where you stand.
Here’s what you need to know: most first-time DWI offenses in Nassau County are misdemeanors, but several specific situations can elevate the charge to a felony. Your prior record, blood alcohol content, and the circumstances of your arrest all play a role in how prosecutors will charge your case.
Most first-time DWI offenses in Nassau County are charged as misdemeanors, not felonies. However, certain circumstances can elevate a DWI charge to felony status, which carries significantly harsher penalties.
For first-time offenders caught driving with a blood alcohol content above the legal limit of 0.08%, a DWI conviction can result in up to one year in county jail, fines between $500 and $1,000, and license revocation for up to six months.
A standard first-offense DWI in Nassau County typically includes:
A DWI becomes a felony in Nassau County under several specific circumstances:
1. Multiple DWI Convictions
If you have two prior DWI convictions within the preceding 10 years, you can be charged with a Class D felony. The progression works as follows:
2. Leandra’s Law (Child Endangerment)
Leandra’s Law imposes an automatic felony charge for people caught driving while intoxicated with a passenger under 16 years old in the car, with first-time offenders facing a Class E felony punishable by up to four years in jail.
Named after an 11-year-old victim killed by a drunk driver in 2009, Leandra’s Law makes it an automatic Class E felony to drive while intoxicated with a child under 16 in the vehicle—even for first-time offenders.
Convictions under Leandra’s Law also require:
3. Aggravated DWI
While Aggravated DWI with a BAC of 0.18% or higher is typically a misdemeanor for first-time offenders, it becomes a felony with prior convictions. An Aggravated DWI carries enhanced penalties including:
Yes. A prior out-of-state conviction for DWI or DUI counts as a prior conviction for felony purposes if it would have constituted a misdemeanor or felony violation had it occurred in New York.
This means if you have a DWI conviction from another state and are arrested in Nassau County, prosecutors can use that prior conviction to elevate your current charge to felony status. However, the specifics matter, and not all out-of-state convictions automatically qualify.
Felony DWI convictions carry severe consequences that can impact every aspect of your life:
Class E Felony DWI
Class D Felony DWI
Beyond the immediate legal penalties, a felony DWI conviction can result in:
Yes. An experienced Nassau County DWI attorney can employ several strategies to have felony charges reduced or dismissed:
Challenging the Traffic Stop Police must have reasonable suspicion to stop your vehicle and probable cause to arrest you. If proper procedures weren’t followed, evidence may be suppressed.
Questioning BAC Test Accuracy Breathalyzer machines require proper calibration and maintenance. Field sobriety tests must be administered correctly. Errors in testing procedures can invalidate results.
Negotiating Plea Agreements Skilled attorneys can negotiate with prosecutors to reduce felony charges to misdemeanors, especially for first-time felony offenders.
Diversion Programs First-time offenders may qualify for diversion programs. Upon successful completion, charges may be dropped or reduced.
Conditional Licenses Even while your case is pending, an attorney may help you obtain a conditional license for work, court appearances, and essential responsibilities.
Nassau County prosecutors take an aggressive stance on DWI cases, particularly felony charges. The consequences of a felony conviction are too severe to navigate alone:
Understanding what to expect can help reduce anxiety about your case:
For felony DWI cases, you have the right to a jury trial with 12 jurors and alternates.
Being charged with DWI—whether misdemeanor or felony—is not the same as being convicted. You have rights, and you have options. The actions you take immediately after arrest can significantly impact the outcome of your case.
Key steps to take:
If you’re facing DWI charges in Nassau County—whether misdemeanor or felony—the stakes are too high to leave anything to chance. A DWI conviction can follow you for years, affecting your career, your freedom, and your family.
Ed Palermo has extensive experience defending clients against DWI charges in Nassau County. With a deep understanding of New York DWI laws and Nassau County courts, Ed Palermo provides aggressive, strategic defense tailored to your unique situation.
Don’t face these charges alone. Contact Ed Palermo today for a confidential consultation to discuss your case and explore your defense options.
This guide breaks down what experienced Nassau County DWI defense actually costs—and why the quality of your legal representation matters more in Nassau than anywhere else on Long Island.
I get asked about fees every single day. It’s usually the first question people ask when they call me after a DWI arrest in Nassau County. I understand why: you’re already facing potential fines, license suspension, insurance increases, and the possibility of jail time. The last thing you want is a legal bill that blindsides you.
Available 24/7 for Emergency Consultations
I’m going to be straight with you about the cost. But I want to frame it correctly first: if you approach this decision like you’re shopping for the lowest bid on a home repair, you risk making a mistake that could follow you for a decade.
I’ve been practicing DWI defense in Nassau County for over 31 years. I’ve appeared in Nassau County First District Court in Hempstead, Nassau County Court in Mineola, and Long Beach City Court more times than I can count. This jurisdiction is different from everywhere else on Long Island.
Following the 2005 Meadowbrook Parkway tragedy, the Nassau County DA’s office adopted some of the strictest DWI prosecution guidelines in the country. First-offense cases that are routinely reduced in other counties are almost never reduced here. Prosecutors are often authorized to ask for jail time even on a first offense. This is the aggressive environment your lawyer walks into on day one.
These ranges reflect the actual complexity of defending a case in Nassau—including discovery review, motion practice, breathalyzer calibration challenges, and DMV hearings.
| Case Type | Typical Fee Range |
|---|---|
| First-Offense Misdemeanor DWI | $5,000 – $7,500 |
| Aggravated DWI (BAC 0.18 or Higher) | $6,000 – $12,000 |
| Felony DWI / Repeat Offense | $8,000 – $15,000+ |
| Leandra’s Law (Child Passenger) | $10,000 – $20,000+ |
| Trial Cases | $15,000 – $30,000+ |
If an attorney charges significantly less, ask yourself why. They may be planning to recommend a guilty plea regardless of whether it’s actually the best outcome for you.
When you hire me to defend a Nassau County DWI case, your investment covers:
I know the judges who preside over Nassau’s dedicated DWI parts. I know which prosecutors have discretion and which ones don’t. This isn’t information you can look up in a book; it comes from three decades of showing up in these specific courtrooms.
In Nassau, prosecutors often won’t give you a better deal than the charge as filed. That means your lawyer must be willing and able to go to trial. I’ve won Not Guilty verdicts for teachers, crane operators, and CDL holders in Hempstead and Mineola when their careers were on the line. (Prior results do not guarantee a similar outcome)
I don’t wait to see what the DA offers. I’m building your defense immediately by reviewing the stop for Fourth Amendment violations, subpoenaing breathalyzer calibration records, and scrutinizing Field Sobriety Test (NHTSA) protocols.
Every client gets my personal cell phone number. You don’t get handed off to a junior associate or a paralegal. When you’re facing charges in an aggressive environment like Nassau County, you need to reach your lawyer directly.
A DWI conviction in New York realistically costs between $20,000 and $40,000 over the next decade when you factor in insurance hikes, DMV assessments, and career impact. The attorney fee that looks expensive today is almost always the least expensive part of the equation if you end up convicted.
Available 24/7 for Emergency Consultations
I have been voted Best Lawyer on Long Island seven times and carry a perfect 10.0 AVVO rating. I don’t compete with “budget” attorneys because that level of defense doesn’t move the needle in Nassau County.
You get one chance to defend this charge. The attorney you hire in the first 24 hours sets the trajectory for your future.
Ready to talk about your case? Call or Text Ed Palermo directly at (516) 280-2160. Available 24/7.
Attorney Advertising. Prior results do not guarantee a similar outcome.