Resisting arrest in Massachusetts is a criminal offense under M.G.L. Chapter 268, Section 32B. It occurs when a person knowingly prevents or attempts to prevent a police officer from making an arrest, whether by using physical force or creating a substantial risk of injury. This includes actions like struggling, fleeing, or interfering with the officer’s duties. Resisting arrest is a misdemeanor in Massachusetts and can result in penalties of up to 2.5 years in jail and/or fines. Even a failed attempt to resist arrest can lead to charges.
Is Resisting Arrest a Felony in Massachusetts? #
In Massachusetts, resisting arrest is typically a misdemeanor offense, not a felony. While it’s not classified as a serious crime like some felony charges, a conviction can still lead to severe penalties, including jail time. The maximum punishment is up to 2.5 years in a house of correction and a fine.
Although it’s a misdemeanor crime, resisting arrest can be compounded by other criminal charges like assault on an officer or disorderly conduct. If the charge is connected to other offenses, like domestic violence or drug crimes, the legal situation can become more complicated and carry heavier penalties
What Are the Penalties for Resisting Arrest? #
If convicted of resisting arrest in Massachusetts, you could face up to two and a half years in jail. In addition to jail, the court may impose fines and even community service as part of your sentence. Having a conviction for resisting arrest can have long-term consequences, including a permanent criminal record, which can affect employment opportunities and other aspects of your life.
For a subsequent offense, the penalties may increase. The court will also consider any other charges you’re facing in combination with resisting arrest. These can include charges related to public order offenses, disorderly conduct, or other arrest charges. A strong defense is crucial to minimize these penalties.
What Constitutes Resisting Arrest? #
There are several actions that can lead to a resisting arrest charge in Massachusetts. The most obvious form is using physical force to prevent the arrest. However, non-violent actions like running away or verbally refusing to cooperate can also result in charges. For example, a fleeing suspect who tries to escape arrest without using violence can still be convicted of resisting arrest.
Massachusetts law defines resisting arrest broadly, so even passive resistance, such as refusing to move when asked, can be considered resistance. Law enforcement officers are trained to recognize these behaviors, and they will likely make an arrest if they believe you’re trying to obstruct their duties.
Is Running Away Considered Resisting Arrest? #
Yes, running away from the police during a lawful arrest is considered resisting arrest in Massachusetts. Even if you don’t physically struggle with the officer, the mere act of fleeing can be enough to warrant this charge. It creates a substantial risk of bodily injury to both you and the arresting officer as they try to detain you.
If you believe that you were unlawfully arrested or that the police used unreasonable force, this doesn’t necessarily justify fleeing. The courts typically expect individuals to cooperate with officers and address the issue later in court. Fleeing can complicate your case and make it harder to build a strong defense.
What Are the Defenses to Resisting Arrest? #
In Massachusetts, common defenses to the charge of resisting arrest often focus on challenging the specific actions that led to the charge. One defense is the claim that the individual did not physically resist, but merely questioned or verbally protested the arrest, which is not considered resisting under the law. Another possible defense is that the accused acted out of self-defense if excessive force was used by the police officer.
A mistaken identity defense may also be used, arguing that the person charged was not the individual who resisted arrest. Additionally, the defense can assert that there was no intent to resist but rather confusion or fear during the arrest. Importantly, even if the arrest was lawful, these defenses focus on whether the accused’s actions meet the legal definition of resisting arrest.
What If Excessive Force Was Used During the Arrest? #
If excessive force was used by the arresting officer, you may have a defense. Under Massachusetts law, law enforcement officers are only allowed to use reasonable force during an arrest. If the officer uses more force than necessary, you may have been justified in resisting the arrest.
In this situation, the burden of proof is on the defendant to show that the officer’s actions were unreasonable. The courts will evaluate the circumstances surrounding the arrest, including the time of the incident and the amount of force used. If successful, this defense could result in a lesser charge or even dismissal of the resisting arrest charge.
Is Lying to the Police a Crime in Massachusetts? #
Yes, providing false information to law enforcement is a crime in Massachusetts. Lying to the police during the course of an arrest or investigation can lead to additional criminal charges, such as obstruction of justice or filing a false report. These charges can compound the legal consequences of a resisting arrest charge.
While not directly related to resisting arrest, lying to police officers can worsen your situation and lead to more severe penalties. It’s always best to avoid giving false statements or misleading law enforcement officials in any way.
How to Build a Strong Defense #
The best defense to a resisting arrest charge starts with a thorough understanding of the facts. It’s important to gather enough evidence to challenge the charge, whether that’s proving the arrest was unlawful or that unreasonable force was used. In Massachusetts, the burden of proof lies with the prosecution, meaning they must prove beyond a reasonable doubt that you resisted the arrest.
Witness statements, video footage, and details of the arrest can all play a role in building a defense. A successful defense might lead to a reduction in charges or even a dismissal, especially if there is evidence to support self-defense instructions or an unlawful arrest.
Conclusion #
Understanding the charge of resisting arrest in Massachusetts is critical, especially because of the serious consequences that come with a conviction. While it’s typically a misdemeanor offense, the penalties can still have a lasting impact on your life. If you believe your rights were violated or that the arrest was unlawful, it’s crucial to gather as much information as possible and consider the potential defenses available to you.
