Massachusetts Law on Resisting Arrest and Obstructing Justice

In Massachusetts, the laws surrounding resisting arrest and obstructing justice are crucial for understanding the legal implications of these actions. Both offenses carry significant penalties and can impact an individual's criminal record. This article delves into the definitions, legal consequences, and nuances of these offenses under Massachusetts law.

Resisting Arrest Defined
Under Massachusetts General Laws (M.G.L.) Chapter 268, Section 32B, resisting arrest is defined as purposely resisting or interfering with a police officer's lawful attempt to arrest you. This can include physical actions such as pulling away from an officer or using force to evade arrest. Importantly, resisting arrest charges can be applied even if the initial arrest was unlawful; the key factor is whether the individual actively resisted the officer's attempts.

Legal Consequences of Resisting Arrest
Resisting arrest in Massachusetts is typically classified as a misdemeanor, which can result in penalties such as up to 2.5 years in jail and/or a fine of up to $500. However, if the individual uses or threatens to use force or violence against the officer, the charge can escalate to a felony, carrying harsher penalties, including longer imprisonment and higher fines.

Obstructing Justice Explained
Obstructing justice, covered under M.G.L. Chapter 268, Section 13, involves a broader range of activities aimed at interfering with law enforcement or judicial proceedings. This can include providing false information to police, hiding evidence, or otherwise hindering the investigation or prosecution of a crime. The intention behind the act is a crucial element in establishing obstruction of justice.

Penalties for Obstructing Justice
Obstructing justice is also treated seriously under Massachusetts law. Generally, it can be charged as a felony, leading to potential imprisonment of up to 5 years, along with fines that could reach up to $10,000. Given the severity of this offense, legal representation is essential for those accused to navigate the complexities of the legal system.

Defenses Against Resisting Arrest and Obstructing Justice Charges
There are several defenses that may be applicable to individuals facing charges of resisting arrest or obstructing justice. For instance, demonstrating that the arresting officer was acting unlawfully can sometimes negate a resisting arrest charge. Similarly, in cases of obstructing justice, proving that no intentional interference occurred can be a legitimate defense.

Conclusion
Understanding Massachusetts law on resisting arrest and obstructing justice is vital for anyone who may find themselves in a legal predicament. The consequences of these offenses are serious and can have lasting ramifications on a person's life. It is always advisable to seek legal counsel when facing such charges to ensure a fair and informed resolution to the case.