The NYPD makes roughly 13,500 busts a year for resisting arrest — but only a fraction ever get prosecuted, leaving criminals to think they can get away with battling cops, sources told The Post.
“There is no legal consequence, and a lot of guys know it,” a high-ranking police official said. “If you resist arrest and get away, you’re free and clear. But if you’re caught, you know that charge has no teeth.”
The source added that the failure of the city’s district attorneys to prosecute the charge only encourages court-savvy suspects to turn around and sue the police department, claiming false arrest.
“It’s horrible,” the source said. “It sends a bad message to the cops.”
“If there’s no consequence, it’s a case of, ‘I can try to resist and get away with it.’ ”
The issue has gained scrutiny since the July 20 death of Staten Island resident Eric Garner, who was placed in a fatal chokehold by a cop while resisting arrest.
Mayor Bill de Blasio and Police Commissioner Bill Bratton both came out this week urging New Yorkers not to resist arrest.
According to the latest statistics, cops can’t even get satisfaction when resisting arrest is the top charge and not just an add-on in a more serious case.
Only 6.2 percent of such cases resulted in convictions, while the charges were dismissed in almost half of the cases, according to figures from the New York State Division of Criminal Justice Services
“There is no legal consequence, and a lot of guys know it … If you resist arrest and get away, you’re free and clear. But if you’re caught, you know that charge has no teeth.”
Eugene O’Donnell a former cop who is now a professor at John Jay College of Criminal Justice, said that until lawmakers and district attorneys start treating the offense more seriously, suspects will continue to disobey officers.
“There needs to be some sort of escalation of seriousness,” he said. “There needs to be a legislative change, or the district attorney has to target people who are flagrantly and repeatedly breaking the law [for resisting arrest].”
The punishment for resisting arrest — a class A misdemeanor — is currently up to one year in jail.
A spokeswoman for the Bronx DA’s Office — where only 4.4 percent of those who went before a judge last year charged with resisting arrest were convicted — said it’s difficult to explain the low prosecution rate since instances are judged on a case-by-case basis.
“There may have been other charges, indeed, there were likely other charges, included in those arrests and prosecutions, and when plea agreements are made, it could be that the resisting is dropped,’’ said the rep, Terry Raskyn.