Resisting Arrest in Boston?
Know Your Rights. Protect Your Record.
A resisting arrest charge in Boston can spiral quickly. One heated moment, one misunderstood action, one aggressive police encounter — and suddenly you're not just being arrested, you’re facing an additional criminal charge that threatens your freedom, your future, and your reputation.
At DeGiacomo & Mikhlin, P.C., we represent clients charged with resisting arrest in Boston Municipal Court, Suffolk Superior Court, and across Greater Boston. Whether it happened in the middle of a protest, outside a bar in the Seaport, on the T, or during a routine traffic stop — we understand how fast things can escalate. We also know how to push back.
What Does “Resisting Arrest” Mean in Boston?
Under Massachusetts General Laws Chapter 268, Section 32B, resisting arrest means:
- You knowingly attempted to prevent a lawful arrest by using or threatening physical force, or
- You created a substantial risk of bodily injury to the officer or others
But in Boston, we know that “resisting arrest” is often code for:
- Questioning police authority
- Reacting in fear or confusion
- Being in the wrong place at the wrong time — or the wrong skin color
We’ve defended college students, working professionals, unhoused individuals, and protesters who were charged with resisting arrest during questionable encounters with Boston police. In many cases, it’s the officers' word against yours — and that’s where a smart, strategic defense matters most.
Penalties in Suffolk County Are Serious
Resisting arrest is a misdemeanor, but don’t let that fool you:
- Up to 2.5 years in jail
- Probation, fines, and mandatory court supervision
- A permanent criminal record that affects jobs, housing, education, and more
- Additional charges like assault & battery on a police officer, disturbing the peace, or disorderly conduct
And if you’re on probation, undocumented, or applying for citizenship, even a single conviction can carry devastating consequences.
We Defend the Full Story — Not Just the Charges
At DeGiacomo & Mikhlin, we’ve seen countless Boston-area resisting arrest charges based on:
- Unlawful stops or searches
- Over-policing in Black, brown, or immigrant communities
- Miscommunications or non-violent reactions
- Excessive force followed by “cover charge” accusations
We’ll review:
- Body-worn camera footage
- Witness statements
- Police reports and internal records
- Any additional charges or civil rights violations
If police overstepped, we’ll hold them accountable. If prosecutors overreach, we’ll push back hard.
Why Boston Clients Choose Us
- We know Boston’s neighborhoods, courts, and systemic patterns
- We understand the social and legal weight of a resisting charge in this city
- We’ve defended clients in high-profile and sensitive cases
- We move fast — and we move smart
We don’t back down from police misconduct or prosecutorial overreach. And we won’t let a split-second moment define your future.
Talk to a Boston Resisting Arrest Lawyer Today
A resisting arrest charge in Boston can feel like a trap — but you’re not powerless. You have rights, and you deserve a defense team that takes your case seriously.
Call DeGiacomo & Mikhlin, P.C. today to schedule a free, confidential consultation. We'll help you understand your options — and fight for the outcome you deserve.
What Makes This Firm Different?
Feel Confident in Choosing Degiacomo & Mikhlin, P.C.
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Available to Clients 24/7
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Nearly a Decade of Legal Experience
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Successfully Defended Hundreds of Clients
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Former Prosecutors & Knows How That Side Thinks
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Represented Clients in MA District, Superior, & Appellate Courts
Noteworthy Case Results
Focused on Getting You the Best Possible Outcome
James G. DeGiacomo and Sergey Mikhlin take great pride in the high-quality legal representation they are able to provide for their clients. No matter how complex or straightforward your case may be, they are prepared to do everything in their power to protect your rights and seek out a positive outcome. The case results they have achieved speak for themselves – take a look!
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Not Guilty January 2025 Case Result – Lynn District Court
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Case Dismissed January 2025 Case Result – Salem District Court
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Case Dismissed January 2025 Case Result – Fall River District Court
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Case Dismissed January 2025 Case Result – Haverhill District Court
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Case Dismissed December 2024 Case Result – Brookline District Court
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Complaint avoided November 2024 Case Result – Brockton District Court