How to Handle Charges of Resisting Arrest in Massachusetts
Facing charges of resisting arrest in Massachusetts can be a daunting experience. Understanding the legal implications and knowing how to navigate this challenging situation is crucial. In this article, we will explore the steps you should take if you find yourself charged with resisting arrest in Massachusetts.
Understanding Resisting Arrest Charges
In Massachusetts, resisting arrest is defined under General Laws Chapter 268, Section 32B. It occurs when an individual uses physical force or displays a physical threat to prevent a police officer from making an arrest. This can include fleeing on foot, physically pushing away the officer, or any action that interferes with an officer's duties.
Steps to Take When Charged
1. Remain Calm and Composed
During your arrest, it is essential to remain calm. Resisting arrest charges often stem from heightened emotions. Comply with the officers, as resisting physically will only complicate your legal situation later on.
2. Understand Your Rights
It’s important to know your rights during an arrest. You have the right to remain silent, and anything you say can be used against you in court. Politely assert your right to silence and request an attorney as soon as possible.
3. Consult with a Criminal Defense Attorney
Engaging a qualified criminal defense attorney is crucial. They can provide you with valuable guidance and representation. An experienced lawyer will help you understand the charges against you, potential defenses, and the consequences of a conviction.
4. Collect Evidence
Gather any evidence that may support your case. This includes witness statements, video footage, or any documentation of the events surrounding your arrest. This information will be beneficial for your attorney when forming a defense strategy.
5. Consider Possible Defenses
There are several defenses that may be applicable in resisting arrest cases. For example:
- Unlawful Arrest: If the arrest was unlawful or the officer lacked probable cause, this could be a solid defense.
- Excessive Use of Force: If you were subjected to inappropriate force by law enforcement, it may justify your actions in resisting.
- Mistaken Identity: Proving that you were not the individual the police intended to arrest may lead to dropped charges.
Understanding Potential Consequences
Resisting arrest in Massachusetts can lead to severe penalties. If convicted, you could face fines, probation, or even jail time. Additionally, a criminal record can have long-lasting effects on employment and personal relations.
Conclusion
If you are charged with resisting arrest in Massachusetts, approach the situation thoughtfully and strategically. By understanding the law, remaining calm, and engaging with a competent attorney, you can navigate this challenging circumstance more effectively.