Excessive Force Defense AttorneyWhat To Do When You Resist Arrest in Massachusetts

If you have been charged with resisting arrest, you need to contact a Massachusetts criminal defense attorney right away. This type of crime carries harsh penalties that are in addition to the original crime you were being arrested for – which means a lengthier prison or jail sentence if convicted.

What the Law States

Under Part IV, Title I, Chapter 268, Section 32B, a person knowingly commits resisting arrest if they attempt to stop a police officer from acting within their official authority. This can be done through physical force or threats of violence or another means that creates a substantial risk for bodily harm or death to the officers involved.

A person is not considered guilty of resisting arrest in certain situations, such as:

  • Resisting any frisking
  • Requesting a female officer for a pat down instead of a male officer
  • If the individual did not realize they were preventing an arrest
  • If the individual did not know the person was a police officer – such as an undercover unit
  • If the police officer used an unreasonable amount of force to detain the individual

Charges Associated with Resisting Arrest

Resisting arrest is rarely the only charge a person will face. To be charged with resisting arrest, the police officers had probable cause to arrest you for another crime. The most common crimes associated resisting arrest includes:

  • OUI
  • Drug Charges
  • Weapons Crimes
  • Assault or Battery
  • Domestic Violence
  • Sex Crimes
  • Robbery or Theft
  • Juvenile Offenses

A person could be arrested for resisting arrest even if they were not the original one being arrested. These situations typically involve a family member or friend that attempts to stop police from arresting the individual. These situations often come paired with charges for disorderly conduct or assault and battery of a police officer.

The Penalties for Resisting Arrest

Resisting arrest is a misdemeanor offense, so you will not face a prison sentence, but you could still serve a sentence at the house of correction. If convicted, you could face a maximum penalty of 2.5 years and/or a fine of up to $500. This is in addition to whatever crime you were originally arrested for. Even if you are found not guilty or the charges are dropped from the other offense, you could still be convicted of resisting arrest and sent to jail.

Arrested for Resisting Arrest? Contact Keegan Law Today

The charge of resisting arrest is not one that should be taken lightly. It is still a serious offense and prosecutors will work hard to get a conviction. That is why you should hire an experienced Boston criminal defense lawyer regardless of the charges you are facing. Keegan Law has helped countless clients with their disorderly conduct and resisting arrest charges and we can assist you too. Contact us today for a case evaluation appointment by dialing 617-472-1653. Fill out an online contact form and a representative will be in touch with you soon.