Resisting Arrest

The crime of Resisting Arrest is the act of knowingly preventing or attempting to prevent a police officer from effecting an arrest of a person by using or threatening to use physical force or violence against the police officer; or by using means that create a substantial risk or causing bodily injury to the police officer or another.

Massachusetts General Laws Chapter 268, Section 32B punishes the crime of Resisting Arrest with imprisonment in the House of Corrections for up to 2.5 years and/or a fine of up to $500.

In order to be convicted of the crime of Resisting Arrest, the prosecutor is required to prove, beyond a reasonable doubt:

1. That the defendant prevented or attempted to prevent a police officer from making an arrest of the defendant or another person;
2. That the officer was acting under color of his/her official duty at the time;
3. That the defendant resisted: either by using, or threatening to use, physical force or violence against the police officer or another person; or by using some other means which created a substantial risk of causing bodily injury to the police officer or another person; and
4. That the defendant did so knowingly; i.e., that he knew at the time that he was acting to prevent an arrest by a police officer acting under color of his/her official authority.

In an arrest, however, a police officer is not allowed to use unreasonable or excessive force in making the arrest. A person is allowed to use reasonable force to protect himself from physical harm when unreasonable or excessive force by the police officer is used. If a police officer uses unreasonable or excessive force to make an arrest, the person who is being arrested may defend himself with as much force as reasonably appears necessary. The person arrested, however, is required to stop resisting once he knows or should know that if he stops resisting, the officer will also stop using unreasonable or excessive force.

If you have been charged with the crime of Resisting Arrest, Boston Criminal Lawyer Lefteris K. Travayiakis can help explain and defend your legal rights, and is available 24/7 for consultation.

To schedule a Free Consultation and to discuss your criminal case with Attorney Lefteris K. Travayiakis, Contact Us Online or call 617-325-9500.