Resisting Arrest Charges in Massachusetts — What You Need to Know

By Attorney Mark J. Clifford, Esq. | Updated April 2026 | Free Consultation 24/7

A resisting arrest charge in Massachusetts (M.G.L. c.268 §32B) is frequently added onto other charges — and it's almost always worth fighting. Many people are charged with resisting arrest even when the underlying arrest was unlawful, or when their actions didn't actually meet the legal definition of "resistance." Understanding the charge and your defense options can make a significant difference in your case outcome.

What Is Resisting Arrest Under Massachusetts Law?

Under M.G.L. c.268 §32B, a person commits resisting arrest when they knowingly prevent or attempt to prevent a police officer from making a lawful arrest by:

• Using or threatening physical force against the officer
• Using any other means creating a substantial risk of bodily injury to the officer or others

Critically: mere verbal objection, pulling away, or going limp does NOT constitute resisting arrest under Massachusetts law. This distinction is one of the most frequently misunderstood aspects of this charge.

Penalties for Resisting Arrest in Massachusetts

Resisting arrest is a misdemeanor under Massachusetts law, carrying:

• Up to 2.5 years in a House of Correction
• A fine up to $500
• Probation and conditions

While the penalty itself may seem moderate, a resisting arrest conviction makes other charges harder to defend (it suggests you knew you were being arrested legitimately), and it stays on your record, affecting employment and housing.

Key Defense Arguments Against Resisting Arrest Charges

The Arrest Was Unlawful

Massachusetts law only criminalizes resisting a lawful arrest. If the officer lacked probable cause, the arrest warrant was invalid, or the officer exceeded their authority, the resisting arrest charge cannot legally stand. Attorney Clifford investigates the lawfulness of every arrest his clients face.

Your Actions Didn't Meet the Legal Threshold

Pulling away, verbal protest, going limp, or moving away from an officer does not meet the "substantial risk of bodily injury" standard required by M.G.L. c.268 §32B. Attorney Clifford carefully reviews body camera footage, witness statements, and police reports to establish that what actually happened falls short of the legal definition.

Excessive Force Defense

When an officer uses excessive force during an arrest, a person's right to self-defense may apply. Massachusetts courts recognize that individuals have a limited right to protect themselves from unlawful police violence. This is a complex but powerful defense in appropriate cases.

Lack of Intent

The statute requires that the person knowingly prevent the officer from making an arrest. Confusion, intoxication, disability, or panic can negate the intent element of the charge.

Resisting Arrest as Part of a Larger Case

Resisting arrest charges rarely stand alone — they're usually filed alongside the original charge (OUI, assault, drug possession, etc.). Attorney Clifford's strategy addresses both the underlying charge and the resisting arrest charge together, looking for suppression of evidence that affects all counts simultaneously.

Frequently Asked Questions

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