Charged with Resisting Arrest in Massachusetts?

Amherst & Northampton Defense Lawyer

Resisting Arrest In Massachusetts

If you have been accused of resisting arrest in the state of Massachusetts, you face criminal misdemeanor charges which carry a fine up to $500 and/or imprisonment for up to 2.5 years if convicted. The charge of resisting arrest is often added to other charges that stem from the arrest.

Why You Need a Springfield Attorney for Help With Resisting Arrest Charges

Resisting arrest is a serious accusation which can result in a criminal record. Call the Law Offices of Thomas Kokonowski, Esq. today at 413.549.0022 (Amherst)413.585.9200 (Northampton) or 413.737.9700 (Springfield) for a Free, no obligation case review and consultation.

Principal Attorney Kokonowski has over 20 years of experience in criminal law. As a former prosecutor, he knows the most effective strategies to use to deliver a favorable outcome for his clients.

What Actions Constitute Resisting Arrest?

According to Massachusetts General Laws Chapter 268, Section 32B, a person commits the crime of resisting arrest if he/she knowingly attempts to prevent the officer who is acting within their official authority from arresting them or another person.

This resistance can come in the form of:

  • using or threatening force or violence
  • creating a substantial risk of bodily injury to the police officer or another person.

Resisting arrest does not have to include a blatant, violent interaction with an officer. It can be simple acts such as:

  • Not putting your hands behind your back or standing still while the officer is trying to handcuff you
  • Refusing to get out of your car
  • Running away from a cop or fleeing the scene, causing potential risk to the officer
  • Giving false identification, either verbally or by presenting a fake ID
  • Raising your hand to prevent an officer from striking you

Defenses Against Resisting Arrest Charges

  • Unlawful Arrest: the officer was not lawfully engaging in the performance of their duties at the time you allegedly “resisted.”
  • Self-Defense: even though the law requires that you must obey a police officer’s instructions, you are allowed to reasonably defend yourself if the officer uses excessive force.
  • Improper Identification: the police officer must have been in uniform or been carrying proof that he was an officer in the form of a badge, identification or other credentials.

Do You Need a Defense Lawyer in Hampshire County for a Resisting Arrest Charge?

At the Law Offices of Tom Kokonowski, we serve Hampshire County and surrounding areas in Massachusetts. We will carefully review any available video surveillance of your arrest. This often provides the evidence needed to exonerate you.