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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 post is about what experienced Nassau County DWI defense actually costs — and why the quality of your lawyer matters more in Nassau County than anywhere else on Long Island. If you’ve already been arrested, call me directly at (516) 280-2160. I’m available 24/7.
I get asked about fees all the time. It’s usually one of the first questions 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 on top of everything else.
So I’m going to be straight with you about cost. But I want to frame it correctly first, because if you approach this decision the way you’d approach hiring a plumber or shopping for car insurance, you’re going to make a mistake that could follow you for a decade.
I’ve been practicing DWI defense in Nassau Countyfor 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. And I can tell you with complete confidence: this county is different from every other jurisdiction on Long Island, and that difference should shape how you think about hiring a lawyer.
After the 2005 Meadowbrook Parkway tragedy — when a drunk driver traveling the wrong way for nearly three miles killed 7-year-old Katie Flynn and limousine driver Stanley Rabinowitz — Nassau County fundamentally changed how it prosecutes DWI cases. That case resulted in the first murder conviction for a drunk driver in Nassau County history. The DA’s office adopted strict internal guidelines that remain in effect today. First-offense DWI cases that would be routinely reduced to DWAI in Suffolk County or most other New York jurisdictions are almost never reduced in Nassau County. Prosecutors are authorized to ask for jail time even on first offenses. If your case reaches felony level, incarceration becomes almost inevitable without exceptional legal representation.
This is the environment your lawyer will be walking into. Understanding that reality is the starting point for understanding what quality DWI defense in Nassau County actually costs.
I’m not going to give you the kind of generic fee ranges you see on other websites — numbers designed to seem accessible rather than reflect what real defense in this county actually requires. Here’s what Nassau County DWI cases realistically cost with an experienced attorney who handles these cases regularly:
| 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+ |
These ranges reflect the actual complexity of Nassau County DWI defense — the discovery review, the motion practice, the breathalyzer calibration challenges, the DMV hearings, the negotiations with prosecutors who have very limited discretion to offer deals, and when necessary, the trial preparation and courtroom work that wins not guilty verdicts.
If you find an attorney charging significantly less than these ranges for Nassau County DWI work, ask yourself why. Either they’re inexperienced, they’re not planning to invest the time your case requires, or they’re going to recommend a guilty plea regardless of whether that’s actually the best outcome for you. In a county where pleading guilty without a fight is almost never in your interest, that matters.
When you hire me to defend a Nassau County DWIcase, here’s what that investment covers:
I know the judges who preside over Nassau County’s dedicated DWI parts. I know which prosecutors have discretion to negotiate and which ones don’t. I know the sentencing tendencies of the judges in Nassau County Court who handle felony DWI cases — including the ones who have a documented practice of imposing jail time on any defendant with a prior alcohol-related conviction, even a DWAI. This isn’t information you can look up. It comes from decades of showing up in these courtrooms, handling hundreds of Nassau County DWI cases, and paying attention.
Many attorneys who handle DWI cases rarely if ever take them to trial. In most counties, that’s an acceptable approach because prosecutors offer reasonable plea deals. In Nassau County, it’s not, because Nassau County prosecutors often won’t give you a better deal than the charge as filed. That means your lawyer needs to actually be willing and able to go to trial, and needs to have done it successfully in Nassau County specifically.
I’ve tried DWI cases to verdict throughout Nassau County for over 30 years. I won a not guilty verdict for a teacher charged with aggravated DWI in Hempstead First District Court, a conviction would have ended her career. I won a not guilty verdict for a crane operator in Nassau County First District Court whose livelihood depended on a clean record. I negotiated a disposition down to a speeding ticket for a truck driver in Nassau District Court, saving his commercial driver’s license and his career. These aren’t hypothetical outcomes. They’re real cases with real people whose lives would have been permanently altered by a conviction.
*Please remember that prior results do not guarantee similar outcome.
From the moment you hire me, I’m building your defense, not waiting to see what the prosecution offers. That means reviewing every detail of your arrest for Fourth Amendment issues, subpoenaing breathalyzer calibration and maintenance records, scrutinizing the officer’s field sobriety test procedures, and filing suppression motions when the evidence supports them. Nassau County prosecutors offer favorable plea deals in one situation: when they recognize that their case has serious problems. My job is to find those problems and make them impossible to ignore.
Every client gets my personal cell phone number. You call me, you reach me. You text me, I respond. I know DWI arrests don’t happen on a 9-to-5 schedule, and I know that when you’re facing charges in one of the most aggressive DWI prosecution environments in the country, you need to be able to reach your lawyer. That level of access is part of what you’re paying for, and it’s something most large firms simply can’t offer.
Here’s the math that I think reframes the entire conversation about legal fees. A DWI conviction in Nassau County — especially if it stays on your record as a DWI rather than being reduced or dismissed — will cost you far more over the next decade than any attorney fee.
Add it up conservatively and a single DWI conviction in New York realistically costs $20,000 to $40,000 over the next decade — and that’s before you account for career impact or the emotional and reputational cost of carrying a criminal record. The attorney fee that looks expensive today is almost always the least expensive part of the equation if you end up convicted.
Every Nassau County DWI case is different, and the first thing I do after you hire me is review everything: the police report, the arrest circumstances, the breathalyzer records, the video footage if it exists, and the procedural steps the officer followed during the stop and arrest. Here’s what I’m looking for:
Under the Fourth Amendment, a police officer needs reasonable suspicion to pull you over. If the stop wasn’t legally justified, everything that came after it — the field sobriety tests, the breathalyzer, the arrest itself — may be suppressible. I’ve had DWI charges dismissed because the initial stop didn’t meet the constitutional standard, regardless of what the BAC reading showed.
Breathalyzer machines are not infallible. They require regular calibration and maintenance, and the records documenting that maintenance must be preserved and produced in discovery. I subpoena those records in every case. When the calibration records are incomplete, when the machine was serviced improperly, or when the operator wasn’t properly certified, the breathalyzer result becomes challengeable — and in Nassau County, where prosecutors rarely offer plea deals, a challengeable BAC result creates real leverage.
The standardized field sobriety tests — the Horizontal Gaze Nystagmus test, the Walk and Turn, and the One Leg Stand — are only scientifically validated when administered according to specific NHTSA protocols. Officers who deviate from those protocols, give improper instructions, or conduct tests on uneven surfaces or in inadequate lighting produce results that can be challenged at trial or in a suppression hearing.
If you were questioned after arrest without being advised of your Miranda rights, statements you made may be suppressible. If you were subjected to a blood draw without a warrant or valid consent, that evidence may be inadmissible. These aren’t technicalities — they’re constitutional protections, and I take them seriously in every case.
If you refused the breathalyzer test, you’re facing both the criminal DWI case and a separate DMV administrative hearing that can result in a one-year license revocation based solely on the refusal — independent of how the criminal case resolves. These are two parallel proceedings that need to be defended separately and strategically. I handle both. The DMV hearing has its own timeline and its own procedural requirements, and losing it has real consequences even if the criminal case is ultimately resolved favorably.
I’ve been doing this for over 31 years. I’ve been voted Best Lawyer on Long Island seven times — 2019, 2020, 2021, 2022, 2023, 2024, and 2026. I was named a Trailblazer by the New York Law Journal. I carry a perfect 10.0 rating on AVVO. I’ve represented more than 2,000 Long Island clients over my career. I’ve won not guilty verdicts in cases Nassau County prosecutors expected to win easily.
I don’t compete with attorneys who advertise $1,500 DWI defense on Nassau County billboards. That’s not the practice I run, and it’s not the level of defense that gives you a real chance in this county. What I offer is the experience, the local knowledge, the trial record, and the personal commitment that actually moves the needle when you’re up against Nassau County prosecutors who are specifically trained not to give ground.
You get one chance to defend this charge. Nassau County’s prosecution philosophy means that what happens in your case, particularly in the early stages, largely determines where you end up. The attorney you hire in the first days after your arrest sets the trajectory of everything that follows.
Ready to talk about your case?
Call or text me directly at (516) 280-2160. I’m available 24/7.
You can also visit my Nassau County DWI defense page to learn more about how I approach these cases and what my clients have to say.
The consultation is free. The call costs you nothing. What you decide after that conversation could change everything.
Attorney Advertising. Past results to not guarantee similar outcome.