Massachusetts Resisting Arrest Attorney Patrick Donovan has helped many people fight resisting arrest charges in Massachusetts. Attorney Donovan
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What is Resisting Arrest in Massachusetts?
Resisting arrest is usually a subsequent offense, added on to another charge for which the police believed they had probable cause to arrest you. You can also be charged with resisting arrest even if you are not the one being arrested. If you have been charged with resisting arrest, the Commonwealth has to prove, beyond a reasonable doubt, that you knowingly prevented or attempted to prevent an arrest by an officer, acting under his or her official duty, by either using or threatening to use physical force or violence against the offense or another person, or by some other means which created a substantial risk of bodily harm to the officer or another. Some other means could include fleeing or hiding, so long as the action could place an officer at a substantial risk of bodily injury, although no actual harm needs to occur.
What are Defenses to Resisting Arrest in Massachusetts?
Whether or not you are ever actually charged with the underlying offense for which the police believed that had probable cause to arrest you is irrelevant. Therefore, even if the underlying charge does not turn out to be legitimate, this is not a complete defense, although it can be a mitigating factor. Some legitimate defenses would be that you did not know the person attempting the arrest was a police officer (i.e., he/she was not in uniform), or that you were protecting yourself from excessive force by the police officer.
What to Do If You Have Been Charged with Resisting Arrest
If you have been charged with resisting arrest, it is important to call an experienced criminal defense attorney right away. While resisting arrest is a misdemeanor in Massachusetts, it is nevertheless a serious crime that can result in up to two and a half years in jail and/or a fine of up to $500.
Massachusetts Resisting Arrest Attorney
Attorney Patrick Donovnan is an experienced Massachusetts criminal attorney. Before becoming a criminal lawyer, Patrick Donovan served as an assistant district attorney. As a prosecutor, Attorney Dononvan got specialized training. Attorney Dononvan uses that training and experience to get the best result for each of his clients.
Call the Law Office of Patrick T. Donovan today for your free initial consultation at 617 479-1800
The Law Office of Patrick T. Donovan handles cases for clients located in: Boston Dorchester, West Roxbury, South Boston,, Quincy, Milton, Weymouth, Randolph, Braintree, Cohasset, Hingham, Hull, Rockland, Amherst, Dedham, Norwood, Cambridge, Somerville, Westwood, Needham, Wellesley, Stoughton, Brockton, Canton, Sharon, Avon, Revere, All of Cape Cod. Plymouth, Duxbury, Hanover