{"id":374019,"date":"2018-07-18T15:47:27","date_gmt":"2018-07-18T20:47:27","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/massachusetts-law\/massachusetts-resisting-arrest-laws.html"},"modified":"2025-09-22T16:46:11","modified_gmt":"2025-09-22T21:46:11","slug":"massachusetts-resisting-arrest-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/massachusetts-law\/massachusetts-resisting-arrest-laws.html","title":{"rendered":"Massachusetts Resisting Arrest Laws"},"content":{"rendered":"\n
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Massachusetts Resisting Arrest Laws<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Resisting arrest<\/span> in Massachusetts<\/span> occurs when someone knowingly prevents or attempts to prevent a police officer<\/span> from arresting either them or another person. The penalties for resisting arrest<\/span> include up to two and half years<\/span> in jail and a fine of up to $500.<\/p>\n\n <\/div>\n\n\n\n

The crime of <\/span>resisting arrest<\/span><\/a> is often connected to other charges, but it can be a stand-alone offense as well. While the laws vary by state, the penalties for this crime can be quite severe. Familiarizing yourself with Massachusetts<\/span>‘ criminal laws can be a huge help if the police arrest you for this criminal offense<\/span>.<\/p>\n

Police officers<\/span> must follow specific procedures<\/a> while making an arrest. At the same time, citizens must comply with Massachusetts<\/span>‘ resisting arrest<\/span> laws. If you violate these laws, the state will charge you with resisting arrest<\/span> and the underlying crime.<\/p>\n

This article explains what resisting arrest<\/span> means and discusses how Massachusetts<\/span>‘ resisting arrest<\/span> laws<\/a> work. It also examines the potential penalties and defenses to this crime.<\/p>\n

Contact a Massachusetts<\/span> criminal defense<\/span> lawyer<\/span><\/a> if you’re facing a charge of <\/span>resisting arrest<\/span>. They’ll review your case and work hard to achieve the best possible outcome.<\/p>\n

Resisting Arrest<\/span>: Actions of the Police<\/h2>\n

For law enforcement<\/span> to charge you with the crime of <\/span>resisting arrest<\/span>, a police officer<\/span> must be in the process of effecting<\/span> a lawful arrest<\/a> when you resist. The officer must also act within the scope of their duties and arrest you in good faith<\/span>.<\/p>\n

Police officers<\/span> must also refrain from using excessive force<\/span><\/a> while they attempt to arrest you. The law enforcement<\/span> officer<\/span> has the authority to use the force necessary to restrain you. This is a subjective standard, and the judge will consider the facts of the case, the arresting officer’s experience, and their good-faith<\/span> judgment when determining if the arrest was lawful.<\/p>\n

Did the Arresting Officer Have Probable Cause?<\/h2>\n

To make a lawful arrest, a police officer<\/span> must have probable cause<\/a> that the person they’re detaining committed a crime. It’s not enough that the officer has a “hunch” that the arrestee engaged in wrongdoing. They must have objective evidence that the individual committed a criminal offense<\/span> before attempting to arrest them.<\/p>\n

Probable cause<\/a> exists when the observable and credible information a police officer<\/span> relies on to arrest someone would convince a reasonable person that the arrestee committed a crime. Law enforcement<\/span> can arrest someone based on information they receive from another party if the information is credible and reliable<\/a>.<\/p>\n

Actions and Knowledge of the Perpetrator<\/h2>\n

For the state to convict someone of resisting arrest<\/span>, it must prove that the defendant knew the person making the arrest was a police officer<\/span><\/a> or someone with the official authority<\/span> to make an arrest. If the officer isn’t wearing a uniform, they must show their credentials or identification, such as a badge.<\/p>\n

Once the defendant knows the person arresting them is a law enforcement<\/span> officer<\/span>, they must refrain from using force or otherwise resisting the officer’s efforts to take them into custody<\/a>. If the officer didn\u2019t identify themselves, chances are the resisting arrest<\/span> charge<\/span> will be dismissed.<\/p>\n

How Does the Commonwealth<\/span> of Massachusetts<\/span> Define the Crime of <\/span>Resisting Arrest<\/span>?<\/h2>\n

In Massachusetts<\/span>, the state can charge you with resisting arrest<\/span> if you prevent an officer from arresting you or another person. For example, imagine you and a friend go to a club on a Friday night. You both have several drinks, and the police pull your friend over on suspicion of OUI<\/span><\/a>.<\/p>\n

If you interfere with a police officer<\/span> arresting your friend for drunk driving<\/a>, you may face resisting arrest<\/span> charges<\/span>. The same is true if the police pull you over for OUI<\/span> and you refuse to get out of the car. When determining guilt, the court will look at the totality of the circumstances and consider the behavior of both the arresting officer and the defendant.<\/p>\n

Massachusetts<\/span>‘ Resisting Arrest<\/span> Laws: Summary<\/h2>\n

Massachusetts<\/span>‘ resisting arrest<\/span> statute is short and relatively straightforward. We\u2019ve gathered the important aspects of the resisting arrest<\/span> laws in Massachusetts<\/span> below.<\/p>\n

Statute<\/strong><\/h3>\n

Massachusetts<\/span> General Laws <\/span>Chapter 268<\/span>, Section 32B<\/span><\/a><\/p>\n

What’s Prohibited<\/strong>\u00a0<\/h3>\n

An individual cannot knowingly prevent or attempt to prevent a police officer<\/span> from arresting the individual or another person. They may be charged with resisting arrest<\/span> for doing either of the following:<\/p>\n