Massachusetts Supreme Judicial Court interprets the resisting arrest statute in two recent cases

June 28, 2010
By Michael DelSignore on June 28, 2010 1:22 AM |

In two cases decided on June 15, 2010, the Massachusetts Supreme Judicial Court interpreted the resisting arrest statute of Massachusetts General Laws Chapter 268 Section 32B. The two cases were Commonwealth v. Quintos Q, involving a juvenile and Commonwealth v. Montoya.

In Montoya, police officers testified at trial that they saw the defendant fire three gunshots. The officers intended to take the defendant into custody, but the defendant fled on a bicycle. The defendant stopped and ran behind some stairs, was ordered to stop by the police, but continued to flee.

The defendant ran and jumped over a fence only to land in a canal. The officers did not follow the defendant over the fence but told him he was under arrest and the defendant made no further attempts to flee the police.

Under Massachusetts law, the Commonwealth must prove the following to obtain a conviction of resisting arrest. A person commits the crime of resisting arrest by knowingly preventing an officer from making an arrest or by using any other means that create a risk of substantial bodily injury to the police officer or another.

Monotoya's Massachusetts criminal defense lawyer argued that since the police officer did not follow the defendant over the fence, that the defendant cannot be convicted of resisting arrest because his actions did not create a risk of substantial bodily injury to the officer.

The Massachusetts Supreme Judicial Court rejected this argument holding that the officers did not have to be exposed to the risk as long as the defendant created the risk of bodily injury to the officers. The court held that the trial judge properly denied the defense lawyer's motions for required finding of not guilty as there was enough evidence for the defendant to be convicted of resisting arrest.

The second resisting arrest case, Quintos Q, involved a similar set of circumstances as Montoya. The defendant in Quintos Q, was a passenger in a car that was being followed by the police. The driver attempted to get away from the police, but crashed the car, at which time the defendant and the driver ran. The officer never had time to say anything to the defendant. Finally, another officer saw the defendant trying to climb a wall and yelled stop police. The defendant did not attempt to flee further as he was cornered.

The Massachusetts Supreme Court held that the defendant was not under arrest until he was cornered, trying to climb the wall. The court found that the officers never communicated to the defendant an intent to make an arrest. Accordingly, the SJC reversed the juvenile delinquency conviction.

As a Massachusetts Criminal defense lawyer, I have had recent trials resulting in not guilty verdicts after jury trials involving charges of resisting arrest. These cases help a Massachusetts Criminal defense attorney frame a defense to the charge by outlining what the Commonwealth has to prove. If you are charged with a criminal offense in Massachusetts, whether resisting arrest, assault and battery, OUI/DUI or a drug offense, you can call me immediately at 508-455-4755 to have your questions answered. Call now or send an email.