Massachusetts Defense Attorneys
For Charges of Resisting Arrest

In Massachusetts, you may be arrested by any number of law enforcement officers, including police officers, highway patrol officers, county sheriffs, and District Attorney Investigators - with or without a warrant.  If the officer deems that you are attempting to evade him or her while they are attempting to effectuate an arrest, you may be charged with resisting arrest, a crime that can either be a felony or misdemeanor.

During a traffic stop or other action by an officer, things escalate quickly and get out of hand.  Maybe you've had a few drinks with your friends and get into a scuffle.  Police arrive to break it up, and you find yourself struggling to evade their grasp. 

Or, when police officers arrive at some other emotionally-charged scene, they often draw the wrong conclusion and an event can quickly escalate to where individuals and suspects are being thrown around, and often injured. 

It is common for the experienced Massachusetts Resisting Arrest Attorneys at The Massachusetts Criminal Defense Group to be confronted with a late night phone call from a new client describing an incident that was initially something very minor, but mushroomed into a disorderly conduct and resisting arrest charge.

No matter where you were arrested or which courthouse you will be arraigned at, there are many options in defending a client who is accused of this crime.  Among the variables that could result in the dismissal of the case are whether the arresting officer made it clear that he or she intended to arrest the defendant, whether the officer was engaged in the performance of their job duties at the time of the arrest, or whether the defendant purposely prevented or attempted to prevent the officer from effectuating the arrest.

Many People Are Surprised
They've Been Charged With Resisting Arrest
When They Believe They Have Done Nothing Wrong

These everyday fact patterns illustrate how charges for resisting arrest can occur:

• A college student from UMass-Amherst, Simmons College, or Westfield State is being handcuffed for OUI, and he or she pulls their arm away;


• In Suffolk County, an unidentified resident unexpectedly starts running from police at 2 o'clock on a Sunday morning when officers simply ask him about an investigation - even if he is not a suspect in the crime;


• Following a concert at the DCU Center, a plain-clothed Worcester Police officer walks up and grabs the shoulder from behind (without properly identifying himself) of a soccer mom who is on probation as part of the 24D Program for first-time OUI offenders.  She reacts by pulling away, and makes a snide comment.  Clearly, she is not truly resisting his attempt to gain information about a nearby purse snatching incident, but before she knows it, that same unidentified officer is placing her under arrest.

Many times law enforcement chooses to find anything other than complete compliance to serve as justification for citing a Massachusetts citizen for Resisting Arrest.

The Consequences Are Serious

Massachusetts G.L. c. 268, §32B states that one who knowingly prevents or attempts to prevent a police officer, who was acting under color of his or her official authority, from effecting an arrest, by (1) using or threatening to use physical force or violence against the police officer or another; or (2) using some other means which created a substantial risk of causing bodily injury to such police officer or another will receive a penalty, if convicted, of jail or house of correction for not more than 2 ½ years; or not more than $500, or both.

Resisting arrest charges can also be filed if the offender interferes with an officer's search of a suspect, as well as if the offender interferes with the officer's transportation of the suspect.  Furthermore, charges will be filed against an offender whether the offender interfered with his or her own arrest, or the arrest of another person.  Even if the arrest is later deemed unlawful or illegitimate, it is not a viable defense in court.

Whether they are juveniles, college students, or adults, the majority of people who resist arrest do so out of instinctive fear without realizing that they are committing a criminal offense.  After resisting arrest, a person now has two criminal charges to face:  the original crime her or she was being investigated or arrested for, and the crime of resisting arrest.  It's important for people not to resist an arrest, as it will only lead to a penalty and sentence enhancement if they are found guilty in court.

Some claim that police officers over-react when people question them, appear to be annoyed, or make the most basic gesture like throwing up a hand to wave good-bye to friends.  Others claim that the crime of resisting arrest is overbroad, frequently used by police to harass disfavored individuals and that it violates constitutional rights of free speech, assembly and petition.

Whatever the case, the charge of resisting arrest can lead to longer jail & prison sentences, larger fines, additional hours of community service, and more.  It's these reasons that make it so important for people to contact an experienced Massachusetts criminal defense attorney away if they are facing resisting arrest charges.

With Blackberries at our side, you can call our criminal defense attorneys - day or night - at (800) 461-6900.