Attorneys for Resisting Arrest in Worcester
Learn How Our Criminal Defense Lawyers Can Help
Sometimes known as obstruction, resisting arrest in Massachusetts can count as either a misdemeanor or a felony. At Murphy & Rudolf, LLP, clients can receive professional legal assistance and aggressive representation to face charges of resisting arrest. Call our Worcester criminal defense lawyers today at (508) 425-6330 for more information.
The Commonwealth must prove four things beyond a reasonable doubt, including:
- That the defendant prevented or tried to prevent a police officer from making an arrest, either of the defendant or another person
That the police officer was acting under the color of his or her official authority at the time of the arrest
That the defendant resisted either by using, or threatening to use, violence or physical force against the police officer, or by using some other means which created substantial risk of bodily injury to the police officer
That the defendant did so knowingly
The Commonwealth must also show that the defendant knew that the person trying to make the arrest was a police officer, which is simple in cases where the police officer was in uniform. If the officer was not in uniform, however, he or she must have provided clear identification by exhibiting credentials. These credentials may include a badge, insignia, police radio, identification card, or police equipment like a clearly identified police vehicle.
Massachusetts Law Regarding Resisting Arrest
A misdemeanor resisting arrest charge in Massachusetts may involve running and hiding from law enforcement. A felony resisting arrest charge, on the other hand, may involve actively using violent force or threatening to use physical force against an arresting officer. In addition to police officers, sheriffs, and peace officers, the legal definition of law enforcement officers may include prison guards, parole or probation supervisors, correctional officers, and park rangers.
Penalties in Massachusetts for resisting arrest include incarceration, probation, fines of $1,000 or more, and community service. In some cases, the defendant can prove self-defense if the law enforcement officer acted violently without justification. The defendant may also try to prove an unlawful arrest, such as when an officer tries to arrest someone without a warrant or probable cause.
Thorough Investigation for Resisting Arrest Charges
In order to get a conviction, the prosecution must prove the four above-mentioned elements beyond a reasonable doubt. The Worcester criminal defense lawyers at Murphy & Rudolf, LLP know the value of examining evidence, hiring investigators, interviewing witnesses, and filing legally significant motions. We can work hard to meet your goals and protect your rights in court.
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We are devoted to effective trial lawyering. We know how to deliver aggressive defense strategies and we know how to speak to juries and judges alike.