The Crime of Resisting Arrest in Massachusetts

If you have been charged with resisting arrest, it is important to call an experienced top-rate Massachusetts lawyer like Kathleen McCarthy. If you are charged with resisting arrest in Massachusetts, the prosecution must prove that:

  1. You knowingly prevented or attempted to prevent a police from carrying out an arrest by:
    1. Using or threatening to use physical force against the officer or;
    2. Doing something else to the officer that creates a substantial risk of causing bodily injury.
Can Someone Be Charged With This Crime Even If They Were Not The One Being Arrested?

Yes! There are situations in which a friend, family member or loved one is being arrested and someone interjects to stick up for the person being arrested and ends up in handcuffs. Often this charge is accompanied by a charge of disorderly person and assault and battery on a police officer. It is not unusual that when there is a disruption inside or outside of a bar and the police are called, these are the charges that are often lodged against an unruly patron. If someone tries to assist another person, even though he or she is not getting arrested, the police could charge them with resisting arrest to diffuse what might be viewed as a potentially rowdy situation.

What Are The Potential Punishments for Resisting Arrest in Massachusetts?

In Massachusetts the crime of resisting arrest is a misdemeanor, which means that the maximum penalty that a defendant can be sentenced to is a house of correction sentence as opposed to a state prison sentence. If you are convicted of resisting arrest in Massachusetts, the maximum penalty you will face is 2 ½ years in jail or a fine of up to $500.00. Experienced Massachusetts criminal defense attorneys like Kathleen McCarthy will often be able to negotiate a disposition whereby you do not have to go to jail and will not have a criminal record. If you are arrested for resisting arrest in Massachusetts, it is advisable that you immediately contact a Massachusetts Criminal Attorney like Attorney McCarthy so that your rights will be protected. Attorney McCarthy’s twenty five plus years of criminal law experience are invaluable if you or someone you know is facing Resisting Arrest charges.

Should I Get An Attorney For This Type Of Charge?

It is always a good idea to have an attorney that specializes in criminal law represent anyone who is charged with a crime.

What Are Some Defenses To The Crime Of Resisting Arrest?

In most situations, a defense of misidentification can be explored. However, with the crime of “resisting arrest,” his is usually not the case because the defendant was actually arrested immediately on the scene by the police officer who would be making the identification.

In Massachusetts, the law states that you are not guilty of resisting arrest in the following situations:

  1. Fleeing or resisting a pat frisk;
  2. Fleeing a police officer who orders you to stop and subsequently struggling with the officer if the officer intended to detain you for the purposes of a threshold inquiry only;
  3. Resisting a pat down frisk;
  4. If you did not know that you were preventing an arrest;
  5. If you did not know that the person you were resisting was a police officer;
  6. You have the right to use reasonable force to resist an arrest carried out by the police with unreasonable force or excessive force.

If charges have been filed against you or if you believe that you might be charged with a crime, hiring an experienced Massachusetts criminal defense lawyer is critical, no matter what the charge. If you are in this position you should contact Attorney Kathleen McCarthy now to discuss your case. Attorney McCarthy will fight for your rights and provide you with a great defense no matter what the charges might be. Call Boston Criminal Lawyer Kathleen McCarthy at 978-975-8060 to discuss your case.

Case Results » The Crime Of Resisting Arrest In Massachusetts
  • Businessman Receives Pre-Trial Probation For Assault, Resisting Arrest And Related Charges

    The attention of an undercover police officer was drawn to a man “standing in the middle of Huntington Avenue” and refusing to move. The man refused to get out of the street and fight with the officer. According to the police report, another individual came over and also became aggressive with the police. The officers felt that the safety of the defendant and other individuals was in jeopardy and removed the individuals from the street.

    Investigation revealed that the pair had allegedly refused to pay a taxi fare and one of the men assaulted the taxi driver. Both men were arrested and our client was charged with assault, resisting arrest, disorderly person and evading a taxi fare. Any type of conviction or admission could result in repercussions to the client's employment. Attorney McCarthy aggressively pursued a disposition whereby the defendant would be placed on a short period of pre-trial probation. The defendant did receive pre-trial probation and the case will be dismissed after six months without him having to tender any type of admission.