Charged with Resisting Arrest in Massachusetts? Our Defense Attorneys Are Ready to Protect Your Rights
If you’ve been charged with Resisting Arrest in Massachusetts, it’s essential to understand that this charge can carry serious legal consequences. At the Law Office of Matthew W. Peterson, our criminal defense law firm has offices in both Boston and Salem, providing local support and accessible defense strategies throughout Suffolk, Essex, Middlesex, and Norfolk Counties. Whether you’re facing charges in Boston, Salem, or nearby cities like Lynn, Cambridge, or Quincy, our team is prepared to help you take on the legal system with confidence.
Our law firm focuses on defending individuals against Public Order Offenses, including Resisting Arrest. With a team of aggressive criminal defense attorneys, including a former prosecutor, we bring practical knowledge of both sides of the courtroom. Our goal is to ensure that your rights are protected every step of the way—from arrest to final resolution.
Understanding Resisting Arrest Under Massachusetts Law
In Massachusetts, Resisting Arrest is a criminal offense defined under Massachusetts General Laws Chapter 268, Section 32B. The law states that an individual who “prevents or attempts to prevent a police officer from making an arrest by using or threatening physical force, or creating a substantial risk of bodily injury,” can be charged with this offense.
For a conviction to be obtained, the prosecution must demonstrate that:
- The arrest was being made by a person the defendant knew or should have known was a law enforcement officer,
- The officer was carrying out their official responsibilities, and
- The defendant resisted, either by force or behavior that created a substantial risk of harm.
A conviction can result in up to 2.5 years in the House of Correction and fines of up to $500. It’s often charged in addition to other offenses such as Assault, Disorderly Conduct, or even Operating Under the Influence (OUI), which can complicate your case further.
Why Choose Our Criminal Defense Attorneys?
At the Law Office of Matthew W. Peterson, our team of Massachusetts criminal defense attorneys brings decades of combined experience in handling Resisting Arrest and other public order offenses. Having a former prosecutor on our team provides us with critical insight into how these cases are handled by the Commonwealth, allowing us to anticipate the prosecution’s strategy and build a tailored defense.
We take each case personally and treat every client with the respect they deserve. Our aggressive criminal defense attorneys are committed to uncovering every possible weakness in the case against you. Whether it’s through challenging probable cause for the arrest, scrutinizing the officer’s conduct, or questioning the evidence’s validity, we leave no stone unturned.
Local Representation Throughout Eastern Massachusetts
With offices located in both Boston and Salem, our criminal defense law firm is well-positioned to represent clients throughout Eastern Massachusetts. We serve individuals in a wide range of communities, offering responsive and knowledgeable legal support close to home.
Our criminal defense attorneys regularly handle cases in, but not limited to following areas:
- Suffolk County – Boston, Brighton, Chelsea, West Roxbury
- Essex County – Salem, Lynn, Swampscott, Peabody, Saugus
- Middlesex County – Cambridge, Somerville, Newton
- Norfolk County – Brookline, Dedham, Quincy
No matter where your case is being heard, we are prepared to act quickly and effectively on your behalf. Our regional presence allows us to navigate the unique practices of each court and maintain strong working relationships within the legal communities we serve.
Building a Strong Defense Against Resisting Arrest Charges
Resisting Arrest charges can arise from fast-moving, high-stress situations. Our role as your defense attorneys is to carefully analyze the facts and identify the most effective way to challenge the accusation. Every case is different, but there are several strategies we may consider depending on the circumstances.
- Unlawful Arrest: If the arrest itself was not legal—for example, if the officer lacked probable cause—then resisting that arrest may not meet the legal definition of the offense.
- No Intent to Resist: The prosecution must prove that you deliberately tried to prevent the officer from arresting you. If your behavior was unintentional, confused, or misinterpreted, that could weaken their case.
- Response to Excessive Force: If you reacted defensively to an officer using unnecessary or unreasonable force, we may argue that your actions were a response to protect yourself, not an attempt to resist arrest.
- Lack of Evidence: These charges often rely heavily on the testimony of one or more officers. We look closely at all evidence, including any available video or witness statements, to uncover inconsistencies or missing details that may help your case.
Our approach is always grounded in facts, strategy, and preparation. As your defense team, we’ll work with you to develop a plan that reflects the unique facts of your case and puts your best defense forward in court.
What to Expect When You're Charged
Facing a forgery charge in Massachusetts can feel overwhelming, but understanding the process can help you make informed decisions. Here’s what typically happens after you’re charged:
- Arraignment – This is your first court appearance. The charges against you will be formally presented, and the judge will decide on bail and any conditions of release.
- Pre-Trial Proceedings – Before the case goes to trial, several court dates may be scheduled. These can include hearings on evidence, discussions about plea deals, and motions filed by your defense attorney to challenge the prosecution’s case.
- Discovery Phase – During this stage, both sides exchange evidence. Our legal team will carefully review the materials and begin crafting a strong defense strategy based on the facts.
- Negotiations – In many cases, there’s an opportunity to negotiate with the prosecution. Depending on the evidence and the circumstances, charges may be reduced or dismissed. Our team will push for the most favorable outcome available.
- Trial – If your case moves forward to trial, the prosecution must prove beyond a reasonable doubt that you committed forgery. Our job is to challenge their claims at every step and present a defense that protects your rights and your future.
From the beginning of the case through each court appearance, we’re by your side — explaining your options, answering your questions, and making sure you’re fully prepared. The earlier you involve a defense attorney, the more options you may have available.
Take the First Step to Protect Your Rights
If you’ve been accused of Resisting Arrest in Massachusetts, do not wait to get the legal help you need. The earlier you involve a criminal defense attorney, the better your chances of building a strong case. At the Law Office of Matthew W. Peterson, we are committed to protecting your future and fighting for your rights.
Contact us now to schedule a strategy session with our defense team. We’ll review your situation, explain your legal options, and outline a path forward. We’re here to guide you through this difficult time—step by step.
Frequently Asked Questions
What happens if I’m convicted of Resisting Arrest in Massachusetts?
A conviction can lead to up to 2.5 years in jail and a fine of up to $500. It can also affect future job opportunities, background checks, and your reputation.
Can I be charged with Resisting Arrest even if I didn’t touch the officer?
Yes. If your behavior created a substantial risk of harm—even without physical contact—you can still be charged under Massachusetts law.
Is Resisting Arrest a felony or misdemeanor in Massachusetts?
Resisting Arrest is a misdemeanor offense, but it can carry serious consequences, especially when combined with other charges.
How can a criminal defense attorney help me with a Resisting Arrest charge?
An experienced defense attorney can challenge the legality of the arrest, question the evidence, negotiate plea deals, or fight the charges in court.
What should I do immediately after being charged with Resisting Arrest?
Avoid speaking to police without an attorney present. Contact a criminal defense attorney as soon as possible to begin building your defense.