Resisting arrest is a misdemeanor crime in Massachusetts. It is punishable by up to two and a half years in jail. Massachusetts General Laws C 268 s 32b defines resisting arrest.
What is Resisting Arrest in Massachusetts?
Resisting arrest is when someone prevents or tries to prevent a police officer from making an arrest. It can happen in two ways. First, using or threatening to use force is one form of resisting arrest.
The other form of resisting arrest is going anything which creates a substantial risk of causing injury. For instance, climbing a high fence would be considered resisting arrest because there is a substantial risk of injury.
In any resisting arrest case four elements must be prove. First, the defendant prevented, or attempted to, the officer from making an arrest.
Second, the officer was acting under authority of law. Under the authority of law is when a police officer who makes a good faith arrest while working regular and assigned duties. Also, the defendant must know the person making the arrest is a police officer.
Third, the defendant resisted. Under Massachusetts law, the defendant can resist in two ways. The first way is threatening or using force against the police officer. The second way is by doing something that creates a substantial risk of bodily injury.
Fourth, the defendant did this knowingly to prevent an arrest. Here, the defendant must know two things. The person attempting to arrest them is a police officer. And, they are trying to make an arrest. The officer’s words and actions communicating the arrest are important factors.
Defenses to Resisting Arrest in Ma
There are defenses to this charge. An experienced criminal attorney can help you develop the best defense. One potential defense is that the defendant did not know the person was attempting an arrest. This is an effective defense when the officer is in plainclothes and driving an unmarked car.
The officer’s words and actions must be clear that they were attempting to make an arrest. If the person did not know the officer was attempting an arrest that may be a defense.
The timing of the arrest may also be a potential defense. Massachusetts law requires any resistance to occur before the arrest. Post arrest conduct is not a violation of this law. Therefore, timing may be a potential defense.
Running from the police is not resisting arrest. As long as the person did not create a substantial danger by running they cannot be convicted of resisting arrest.
Finally, the arresting officer only needs a good faith basis to make an arrest. Therefore, arguing that the arrest was unlawful is not a defense.
Massachusetts Resisting Arrest Attorney
Patrick Donovan, a seasoned criminal defense attorney with a robust background in handling cases involving resisting arrest, can be a formidable ally in navigating the complexities of your legal situation. With his extensive experience and a deep understanding of both state and federal laws, Donovan is well-equipped to provide the vigorous defense you need. From the moment you engage his services, Donovan’s approach is meticulous and tailored to the specifics of your case. He understands that every situation is unique and requires a strategy that not only aims to mitigate immediate legal consequences but also protects your future.
One of Donovan’s key strengths is his ability to analyze the circumstances surrounding your arrest critically. He looks beyond the surface to identify any procedural errors or instances of misconduct by law enforcement officers. This could include inappropriate use of force or a failure to follow the proper legal protocols during your arrest. Such findings can be pivotal, as they can lead to a reduction or even dismissal of charges. Moreover, Donovan’s commitment to his clients is evident in his hands-on approach. He ensures that you are not only prepared legally but also supported throughout the process, understanding the emotional and psychological stress that criminal charges can bring.
Furthermore, Patrick Donovan leverages his experience as a former prosecutor to your advantage. This unique perspective allows him to anticipate the prosecution’s tactics and build a defense strategy that effectively counters them. He knows how prosecutors think and what they are likely to consider as strong evidence, and he uses this insight to challenge the prosecution’s case against you. His adept negotiation skills can often result in lesser charges or penalties, and when a case goes to trial, Donovan’s assertive and persuasive courtroom demeanor can make a significant impact.
In addition to his legal acumen, Donovan places a high priority on client communication. He keeps you informed at every stage of the process, ensuring that you understand your rights and options. This transparent approach helps alleviate some of the uncertainties and anxieties associated with resisting arrest charges and enhances your ability to make informed decisions about your case.
Ultimately, if you find yourself facing charges of resisting arrest, Patrick Donovan is equipped not only with the legal expertise necessary to defend you but also with a comprehensive approach that addresses both the immediate needs of your case and your broader long-term interests. This holistic method can prove invaluable in securing a more favorable outcome and helping you move forward from the incident with confidence and clarity.
