Dedham Resisting Arrest Lawyer

Serving the Eastern Massachusetts area

Resisting arrest charges are often added on to other charges and can turn a minor charge into a potential jail sentence. Under Massachusetts criminal law, resisting arrest occurs when a person uses physical force or the threat of force intending to prevent a police officer from making an arrest.

A person may also be guilty of resisting arrest if he or she flees from an officer or attempts to avoid arrest by any other means. If the actions taken by that person place an officer in substantial risk of bodily harm, he or she can face resisting arrest charges. The person need not injure or even actually touch the police officer to be guilty of resisting arrest. Therefore, if the pursuit of a fleeing suspect forces an officer to place him or herself at risk of suffering bodily harm, that suspect may face resisting arrest charges.

Even if the charge underlying the arrest turns out to be illegitimate, it is not a defense to resisting arrest charges. There are, however, ways to defend against resisting arrest charges. A criminal defense lawyer can often successfully argue that the police officer did not adequately identify him or herself. A person can also beat resisting arrest charges if the police officer used excessive force during the arrest.

Is resisting arrest a felony?

The punishment for resisting arrest can be a sentence as long as two and a half years in jail. Under Massachusetts law, a felony is any crime that can carry a state prison sentence. Therefore, resisting arrest is not a felony but a misdemeanor in Massachusetts. Nevertheless, resisting arrest can still carry a sentence of up to two and half years and is still a serious misdemeanor.

Because resisting arrest can be such a serious crime, it is important to cooperate with police officers during an arrest, even if you feel they are being overbearing. Resisting never helps you and only complicates your case, adding another charge against which you and your criminal defense attorney must defend.

A criminal defense lawyer can help

It can be easy to stumble in to resisting arrest charges without even realizing it during a heated situation. But a criminal defense attorney knows how to defend you against these charges. John E. DeVito and his associates are experienced Dedham criminal defense lawyers who work tirelessly to see that your rights are protected.

Contact John E. DeVito, Esq. today

If you have been charged with resisting arrest, you need qualified Dedham criminal defense attorneys working on your behalf. Mr. DeVito represents clients in Boston, Dedham, Wrentham, Stoughton, Quincy, Waltham, Woburn, Newton, Framingham, Natick and other cities in Middlesex & Norfolk County, MA. For immediate assistance, contact Dedham criminal lawyer John E. DeVito, Esq. at 508-517-1800 today.