In Massachusetts, under M.G.L. c. 268, § 32B, in order for a person to be convicted of Resisting Arrest, the Commonwealth must prove four things beyond a reasonable doubt. First, that the defendant prevented or attempted to prevent a police officer from making an arrest (of the defendant or of another person); Second, that the officer was acting under color of his or her official authority at the time; Third, 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 Fourth, that the defendant did so knowingly. However, if the Defendant did not know at the time that he or she was acting to prevent an arrest by a police officer acting under color of his or her official authority, the Defendant is not guilty of resisting arrest.
Resisting Arrest carries the following potential penalties:
- Imprisonment in a jail or house of correction for not more than 2.5 years
- Fine of not more than $500
- Both imprisonment and fine
If you have been charged with Resisting Arrest contact our office immediately: