Charged with Resisting Arrest in Massachusetts? 

Here's What You Need to Know.

A charge of resisting arrest can feel confusing, frustrating, and unfair — especially if the underlying situation was already tense. Whether you were simply reacting out of fear or the police escalated a situation unnecessarily, you’re now facing a criminal offense that can carry jail time and a permanent record.

At DeGiacomo & Mikhlin, P.C., we defend individuals throughout Massachusetts who have been charged with resisting arrest — often in conjunction with other charges like disorderly conduct, assault, OUI, or trespassing. We understand how quickly these situations unfold and how important it is to respond with a strategic defense.

What Is Resisting Arrest Under Massachusetts Law?

Under Massachusetts General Laws Chapter 268, Section 32B, resisting arrest occurs when a person:

• Knowingly prevents or attempts to prevent a police officer from making an arrest, by using or threatening physical force, or
• Uses any other means that creates a substantial risk of bodily injury to the officer or others

This means you can be charged even if:

• You didn’t strike an officer
• You didn’t know a warrant existed
• You were being arrested for a relatively minor offense
• You felt the arrest was unjust or illegal

The law gives police broad discretion, and resisting arrest is frequently used to justify the use of force or suppress objections during an encounter.

Penalties for Resisting Arrest in Massachusetts

Resisting arrest is a misdemeanor, but it carries real criminal penalties:

• Up to 2.5 years in jail
• Fines of up to $500
• Probation and court supervision
• A permanent criminal record

If you’re also charged with assaulting a police officer or interfering with the duties of law enforcement, the penalties — and political pressure — can increase significantly.

A conviction can also impact:

• Your employment or licensure (especially in security, education, or healthcare)
• Your ability to travel, obtain housing, or pass background checks
• Immigration status, if you are not a U.S. citizen

Common Defenses to Resisting Arrest

At DeGiacomo & Mikhlin, P.C., we examine every detail of the arrest to challenge the charge. In many cases, the person charged was:

• Confused, scared, or trying to protect themselves from excessive force
• Not aware they were being arrested
• Trying to de-escalate a situation or protect someone else
• Accused by police without sufficient evidence or body cam footage

We may challenge:

• The legality of the arrest itself
• Whether your actions actually meet the legal standard for “resisting”
• Whether police used unnecessary or unlawful force
• Whether your statements or movements were misunderstood

In some cases, we can get the charge dismissed. In others, we can negotiate for a reduced penalty or alternative resolution that protects your record.

Why Choose DeGiacomo & Mikhlin, P.C.?

We’re not here to judge how a stressful moment played out. We’re here to fight for your rights, protect your future, and ensure the police are held to the same legal standards as everyone else.

Clients across Massachusetts trust us because we offer:

• Experienced defense in cases involving law enforcement interaction
• Deep understanding of how prosecutors handle resisting arrest charges
• A strategic approach to suppressing weak or unlawful evidence
• Personal attention and direct communication every step of the way

Speak with a Massachusetts Criminal Defense Lawyer Today

If you've been charged with resisting arrest, don't assume you have to plead guilty. You have rights — and a strong defense can make all the difference.

Contact DeGiacomo & Mikhlin, P.C. today for a free consultation. We'll explain your options and get to work building your defense.