Oftentimes, in these cases in which no one was injured, a protester-defendant could – with the help of an experienced attorney – successfully negotiate a plea bargain whereby the protester will have no criminal record and spend no time in jail (such as an “adjournment in contemplation of dismissal or a violation like Disorderly Conduct). In cases involving Desk Appearance Tickets, such negotiations may even be possible prior to the return date (i.e. the first court appearance). However, for reasons relating to principle, many protester-defendants refuse to accept any such deal, preferring to demand dismissal or a trial where their voices can be heard by a jury. Such an attitude is certainly understandable but it does tend to increase the risk of a negative result (such as a permanent criminal record).

Unfortunately, some protests escalate into confrontations with police officers. In those cases, charges like Assault in the Second Degree can sometimes be levied against arrested protesters alleged to have injured police officers. That charge is a serious felony that can carry real jail time, and should not be treated lightly at all. The best defense in these cases is often to argue that the defendant did not act unreasonably, and that any injuries to the police officer were sustained on account of his/her own aggressive or improper actions. In today’s current climate, that argument can have real traction with some jurors.

Thankfully, nowadays many protesters have video footage of their arrests, or their behavior just prior to being arrested. Oftentimes, this footage can be helpful to their defenses. In those cases, it may make sense for their attorneys to share the footage with prosecutors in the hopes of securing outright dismissals. Of course, an outright dismissal of an arrest charge can open the door to a lawsuit for wrongful arrest against the City.

Sometimes people attempt to intervene during an arrest of a protester by trying to prevent the police officer from apprehending someone else. In these cases, the intervenors typically are charged with Obstructing Government Administration or Resisting Arrest, misdemeanors. A person being unlawfully arrested can argue that they are not guilty of Resisting Arrest because the arrest was unlawful or unauthorized under the circumstances, and an intervenor may also be able to successfully argue the same thing.

Generally speaking, defendants (and defense attorneys) prefer some anonymity with respect to their cases, and prefer to try their cases discretely in the courtroom. However, for those defendants seeking trials by jury, attorneys should consider trying to garner public sympathy and/or publicity for the client’s case before the trial. After all, these cases frequently depend less on the facts presented at trial so much as they do upon the attitudes of the fact-finders (i.e. judges or juries) deciding the case.

If you or a loved one have been arrested or given a Desk Appearance Ticket in New York City for protesting, you should strongly consider contacting Matthew Galluzzo. He is an experienced criminal defense attorney and former Manhattan state prosecutor. He is also a civil rights attorney who has successfully sued members of the NYPD for false arrest and police brutality.

Notably, federal law and regulations take precedence over state and local laws. This means that everyone in the USA must register his drone with the Federal Aviation Administration and follow the FAA’s Special Rule for Model Aircraft.

There are nine major cities in New York State and all of them have made it illegal to fly drones in them (except for commercial drone applications which might get individual permits or licenses). Luckily, New York City allows you to take your drone to the skies in designated parks and model airfields like:

• Flushing Meadows Corona Park
• Calvert Vaux Park
• Marine Park
• Forest Park
• La Tourette Park

Yet, you must not forget that all of Manhattan is off-limits, which includes: water, waterways, land under the jurisdiction of the city and the air space above.

According to the New York Department of Transportation and the New York State Assembly, there are currently no state laws in place concerning the operations of drones in New York, which means that the general Federal regulations are the primary restrictions on what you can do. However, there are plenty of non-specific laws that still apply to drone use, such as reckless endangerment and trespass laws. Furthermore, a City of New York restriction (Administrative Code § 10-126) makes illegal the flying and landing of aircraft (including drones) in New York City in most non-commercial circumstances.

While New York might have been a little slow off the mark with drone-specific legislation, there are quite a few proposed laws that might come into effect any day now. Thereby, one of them would describe what the liabilities are of drone owners, operators and makers respectively. Another one would allow to predict what sort of damages an injured party can claim from each of the three entities depending on circumstances. Finally, because of the development of weapons, New York wants to ban the weaponization of drones like Florida has already done. But even if this is not a law yet, we can only recommend you to not try to attach a pistol, knife or any sort of weapon to your drone. Because drones have also been used to bring weapons, drugs and other illegal stuffs intro prison yards, there will probably be a law prohibiting anyone from flying drones near correctional facilities.

You should also know that drones are not the only aircraft forbidden in and over the city: it is also unlawful for any person to jump or leap from an aircraft in a parachute or any other device within the limits of the city or to take off or land for anybody avigating an aircraft, except in emergency, at any place within the limits of the city other than places of landing designated by the department of transportation or the port of New York authority (NYC Administrative Code § 10-126).

[If you or a loved one was arrested for piloting a drone in the limits of the city, do not hesitate to reach out to The Law Office of Matthew Galluzzo; our team of former prosecutors and experienced criminal defense attorneys can help you with your case.]