Aggressive Defense for Resisting Arrest Charges in Massachusetts
Being charged with resisting arrest in Natick, MA, is a serious offense that can carry jail time, fines, and a permanent criminal record. Many people face this charge due to misunderstandings, fear, or confusion during an arrest. Regardless of the circumstances, a conviction for resisting arrest can have lasting consequences on your reputation, employment, and future opportunities.
At Marin, Barrett & Murphy, we provide aggressive and strategic legal defense for those accused of resisting arrest in Massachusetts. Our attorneys will fight to get your charges reduced or dismissed while ensuring that your rights were not violated during the arrest.
đź“ž Call (857) 229-2442 today for a free consultation.
What is Resisting Arrest in Massachusetts?
Under Massachusetts General Laws Chapter 268, Section 32B, resisting arrest is defined as:
- Using or threatening physical force against a police officer to prevent an arrest.
- Refusing to comply or attempting to flee when being lawfully arrested.
- Engaging in any action that creates a substantial risk of injury to the officer.
Many people believe resisting arrest only applies if someone physically fights an officer, but in reality, simply pulling away, refusing to be handcuffed, or verbally refusing an arrest can result in a charge.
Penalties for Resisting Arrest in Massachusetts
Resisting arrest is a misdemeanor in Massachusetts, but it carries severe penalties, including:
- Up to 2.5 years in jail
- Fines up to $500
- Probation and community service
- A permanent criminal record, which can impact employment and background checks
If the charge is combined with other offenses, such as assault and battery on a police officer, the penalties can increase significantly, potentially leading to felony charges and longer prison sentences.
Common Defenses Against Resisting Arrest Charges
At Marin, Barrett & Murphy, we carefully analyze the details of your case to build the strongest possible defense. Some common defense strategies include:
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Self-Defense Against Excessive Force
If law enforcement used excessive or unreasonable force, you may have been trying to protect yourself rather than resist arrest.
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Lack of Intent
Prosecutors must prove that you knowingly and intentionally resisted arrest. If you panicked, misunderstood commands, or had no intention of resisting, this can be used as a defense. Additionally, a possible defense is that you did not know at the time you were preventing an arrest by a police officer acting under his or her official authority.
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Unlawful or Unjustified Arrest
If the arrest was unlawful or not based on probable cause, resisting that arrest may not be a crime.
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Lack of Evidence
Without clear evidence—such as bodycam footage, eyewitness testimony, or physical proof—the case may not hold up in court.
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Mistaken Identity or False Accusations
In chaotic situations, law enforcement may misidentify suspects or falsely accuse someone of resisting when they did not actually do so.
The Legal Process for Resisting Arrest Cases in Natick
If you are arrested for resisting arrest in Natick, your case will likely be handled at:
Natick/Framingham District Court
đź“Ť 120 N Main St, Natick, MA 01760
đź“ž (508) 647-8000
Steps in the Legal Process
- Arrest & Booking – You will be formally charged, and bail may be set.
- Arraignment – A court hearing where you enter a plea of guilty, not guilty, or no contest.
- Pre-Trial Motions – Your attorney may challenge evidence or request dismissal of charges.
- Trial or Plea Bargain – If the case goes to trial, the prosecution must prove guilt beyond a reasonable doubt.
- Sentencing – If convicted, the judge will determine penalties based on the circumstances of the case.
Having an experienced criminal defense attorney can make a significant difference in avoiding jail time, fines, and a permanent record.
Statute of Limitations for Resisting Arrest in Massachusetts
Massachusetts law enforces a 6-year statute of limitations for resisting arrest charges. This means the prosecution must file charges within six years from the date of the alleged offense. If charges are not filed within this time frame, the case may be dismissed.
Why Choose Marin, Barrett & Murphy for Your Defense?
At Marin, Barrett & Murphy, we understand that resisting arrest charges are often based on misunderstandings, excessive police force, or unlawful arrests. Our legal team is committed to:
- âś” Aggressive Defense: We fight to reduce or dismiss charges and challenge weak evidence.
- âś” Experience You Can Trust: Decades of success defending clients against criminal charges in Massachusetts.
- âś” Personalized Legal Strategy: Every case is unique, and we tailor our defense to your situation.
- âś” 24/7 Legal Support: We are always available to answer your questions and protect your rights.
What to Do If You're Charged with Resisting Arrest
- Remain Silent – Do not answer police questions without an attorney present.
- Do Not Resist Further – Comply with officers and fight the charge in court, not in the moment.
- Document Everything – If possible, obtain video evidence, witness statements, or medical reports.
- Contact a Natick Criminal Defense Lawyer Immediately – The sooner you get legal help, the stronger your defense.
Contact a Natick Resisting Arrest Lawyer Today
A resisting arrest charge can lead to serious penalties, but you don't have to face it alone. At Marin, Barrett & Murphy, we are dedicated to fighting for your rights and protecting your future.
đź“ž Call (857) 229-2442 now for a free consultation.
đź“Ť Office Location: 572 Washington Street, Suite 21, Wellesley, MA 02482
Take action now—let us defend your freedom and fight for the best possible outcome in your case.