Under Massachusetts Law, it is a criminal offense to resist an arrest by police officers. If you are convicted of resisting arrest in Massachusetts, the potential penalty is jail time not to exceed 2 ½ years and/or a fine not more than $300. In addition, simply being arrested or charged with the crime of resisting an arrest may have long reaching negative impact on an individual’s daily life including employment and academic issues. In light of the potentially severe consequences of being convicted for resisting arrest, it is important to Contact an experienced Boston resisting arrest criminal defense attorney regarding your case as soon as possible. At the Cambridge, MA criminal defense law firm of Caselden Law, we are well versed in the law pertaining to resisting arrest charges in Massachusetts.
In order for the prosecution to get a conviction or finding of guilty, the district attorney must prove each element of the charge beyond a reasonable doubt. Massachusetts General Law Chapter 268 Section 32 lays out the elements of the offense which requires proof that the defendant knowingly prevent or attempt to prevent a police officer who was acting under color of his or her official authority, from accomplishing an arrest by:
(1) Using or threatening to use physical force against the police officer or another; or
(2) Using some other means which create a substantial risk of causing bodily injury to the police officer or another person.
While it is not necessary, resisting arrest charges are often brought alongside other criminal charges. It is also not uncommon for this offense to involve the consumption of alcohol or other substance at the time of the incident. After an individual is arrested by the police, they will be taken into custody and booked at the police station or barracks. Following the arrest, the individual will likely receive a notice for a court date where he or she will be arraigned and the issue of bail will be addressed. Depending on the circumstances of your case, you may post bail through a clerk magistrate at the jail or you may be transported while in custody directly to the applicable courthouse.
Massachusetts Resisting Arrest Lawyer
At our firm, we understand that facing a charge of resisting arrest in Massachusetts can by a very stressful and difficult situation for you and your loved ones. Our Cambridge, MA Criminal Defense Law Firm will work tirelessly to develop a highly effective legal defense strategy and will be by your side throughout the entire criminal process. Whether you have just been arrested, arraigned or have an upcoming court date, we are available to represent you on short notice. We will begin to lay the groundwork for your case starting the moment that we are retained by gathering all of the evidence that the district attorney will rely upon in bringing the case to trial.
If you or a loved one has been charged with resisting arrest, Contact the experienced Boston Criminal Defense Law Firm of Caselden Law. We are available to speak with you 24 hours a day, seven days a week.
All initial consultations with our firm are completely free of charge.