Massachusetts Resisting Arrest Laws

The crime of resisting arrest 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‘ criminal laws can be a huge help if the police arrest you for this criminal offense.

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

This article explains what resisting arrest means and discusses how Massachusetts‘ resisting arrest laws work. It also examines the potential penalties and defenses to this crime.

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

Resisting Arrest: Actions of the Police

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

Police officers must also refrain from using excessive force while they attempt to arrest you. The law enforcement officer 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 judgment when determining if the arrest was lawful.

Did the Arresting Officer Have Probable Cause?

To make a lawful arrest, a police officer must have probable cause 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 before attempting to arrest them.

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

Actions and Knowledge of the Perpetrator

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

Once the defendant knows the person arresting them is a law enforcement officer, they must refrain from using force or otherwise resisting the officer’s efforts to take them into custody. If the officer didn’t identify themselves, chances are the resisting arrest charge will be dismissed.

How Does the Commonwealth of Massachusetts Define the Crime of Resisting Arrest?

In Massachusetts, the state can charge you with resisting arrest 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.

If you interfere with a police officer arresting your friend for drunk driving, you may face resisting arrest charges. The same is true if the police pull you over for OUI 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.

Massachusetts‘ Resisting Arrest Laws: Summary

Massachusetts‘ resisting arrest statute is short and relatively straightforward. We’ve gathered the important aspects of the resisting arrest laws in Massachusetts below.

Statute

Massachusetts General Laws Chapter 268, Section 32B

What’s Prohibited 

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

• Using or threatening to use physical force or other form of violence against a police officer or another party
• Using any other means that creates a substantial risk of bodily injury to the police officer or a third person

The state must prove its case beyond a reasonable doubt to secure a conviction.

Possible Penalties For Resisting Arrest in Massachusetts

Resisting arrest is a misdemeanor in Massachusetts. Punishment includes either or both of the following:

• Imprisonment in jail or a state house of correction for up to 2 and a half years
• Fine of up to $500

You will also face charges for the underlying crime.

Possible Defenses To Resisting Arrest Charges in Massachusetts

A defense attorney may present one or both of these to either mitigate or dismiss the charges:

• Excessive Force: To prevail with this defense, an offender must prove that they reasonably believed the officer was using excessive force and that they did everything they could to avoid physical contact before using force
• Self-Defense: A defendant can claim self-defense and must demonstrate that they were in imminent danger and only used the force necessary to protect themselves

An unlawful arrest isn’t a viable defense against resisting arrest in Massachusetts.

Related Offense

• Disorderly conduct: Mass. Gen. Laws Ch. 272, Sec. 53

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While FindLaw strives to provide the most current information, consult a criminal defense attorney to verify your state laws.

Facing Resisting Arrest Charges? Connect with a Defense Attorney

If you’re facing resisting arrest charges and aren’t sure what to do next, contact an experienced Massachusetts criminal defense attorney. They’ll review your criminal case and tell you your legal options. They will attempt to dismantle the state’s case and, worst case, negotiate a favorable plea bargain.

Even though resisting arrest is a misdemeanor in Massachusetts, it still carries stiff penalties. If you’re guilty, it will stay on your criminal record for years. Hiring a seasoned criminal defense lawyer may mean the difference between an acquittal and a conviction.

Contact a local criminal defense lawyer at a local law office for the best outcome possible..

Massachusetts Resisting Arrest Laws: Related Resources

• Massachusetts Criminal Statute of Limitations Laws
• Massachusetts Criminal Laws
• Police Misconduct and Civil Rights