Charged With Resisting Arrest?
Our Brockton Criminal Defense Lawyers Can Help
The charge of resisting arrest is usually added to other charges that stem from an arrest. Often times police tack this charge onto the other crimes the defendant is charged with. In Massachusetts the crime of resisting arrest occurs when the defendant either uses or threatens to use physical force or violence against the police officer or other law enforcement in an attempt to prevent law enforcement from making an arrest. The Commonwealth doesn’t have to show that the conduct on the part of the defendant created a substantial risk of causing bodily injury to the police officer. A defendant that stiffens his arms while an officer attempts to put on handcuffs may be convicted of resisting arrest.
Someone can be guilty of resisting arrest if they run from law enforcement in an effort to evade an arrest. However, in order for a fleeing suspect to be convicted of resisting arrest the prosecution needs to show that the defendant knew the police officer or law enforcement official was chasing them. As a result police have to take steps to identify themselves as law enforcement officers. Not only do police have to identify themselves as law enforcement they also must let the defendant know they intend to make an arrest.
Defenses Against Charges of Resisting Arrest
- The officer didn’t identify himself as law enforcement. This might happen in the case of undercover or off duty police officer.
- The defendant may not have been able to comprehend that the person attempting to arrest him was in fact an officer. In extreme cases of alcohol intoxication, drug use, or even traumatic head injury, the defendant maybe so far gone that he or she is unable to realize that it is a police officer that is attempting to arrest them.
- A defendant has a defense against resisting arrest charges any time law enforcement is guilty of using excessive force.
Brockton – Greater Boston Area Adult and Juvenile Criminal Defense Attorneys – Initial Consultations Are Always Free
Our knowledgeable and experienced Brockton Defense Attorneys at The Law Offices of Gerald J. Noonan are available to assist clients throughout all of Massachusetts, including but not limited to Plymouth County including Brockton, Abington, Bridgewater, Whitman, Hanson, Hingham, Wareham, Halifax, Middleborough, Rockland, Lakeville, Holbrook, Avon, Kingston, Pembroke, Plympton, Pembroke, Hanover, Carver, Duxbury, Marshfield, Norwell, Hanover, Scituate, East/West Bridgewater, Rochester, Marion, Mattapoisett; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Avon, Holbrook, Randolph, Canton, Sharon, Wrentham, Foxborough, Franklin, Walpole; Bristol County including New Bedford, Fall River, Taunton, Attleboro, Mansfield, Easton, Raynham, Norton; Cape Cod, Falmouth, Barnstable.
No matter where you are located, we are just a phone call away. Call our Brockton Criminal Charges Defense Lawyers at The Law Offices of Gerald J Noonan to schedule a free no-obligation case review and consultation at (508) 588-0422 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.