Resisting Arrest: Worcester Lawyers for Criminal Defense
Do you need an attorney for help with how to get a resisting arrest charge dropped? Massachusetts criminal defense firm Murphy & Rudolf, LLP can help
Do you know how to get resisting arrest charge dropped? 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. Massachusetts lawyers are available to help you.
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.
On Resisting Arrest: Massachusetts Law
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 vary for resisting arrest. Massachusetts convictions may 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.
In order to get a conviction, the prosecution must prove the four above-mentioned elements beyond a reasonable doubt. Do you need to understand how to get resisting arrest charge dropped? The Worcester and Springfield criminal defense lawyers at Murphy & Rudolf, LLP know the value of examining evidence, hiring investigators, interviewing witnesses, and filing legally significant motions. We work hard to meet your goals and protect your rights in court.
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