Submitted by WiltB on Tue, 03/15/2011 - 08:03
My 16 year old son has never ever been in trouble with the police but went to a party on Saturday night and was arrested. He says the cops were rough with him when he was just trying to help a girl get up off the floor during a fight. So he ends up charged with resisting arrest AND with assault and battery on a police officer. He says he didn't do anything but may have pushed back when an officer tried to pull him off the friend he was trying to help. Is this something I can help him out with or does he really need a lawyer? In other words, if he really didn't do anything, could this thing just go away on its own? Money is tight for him but I have a bit.
Resisting Arrest & ABPO
If the police brought an ABPO charge they will not let the matter "go away on its own." Your son will be charged in juvenile court and will need good advice to determine whether it is in his best interest to fight the charges or enter into some sort of plea arrangement.
Attorney Kevin Gaughen, Jr.
DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.
Assault and battery on public employee
Yes, I agree. This one is not going away. The police and prosecutors take charges of assaulting a police officer very seriously. For adults charged under Massachusetts General Laws Chapter 265, Section 13D (assault and battery on public employees in general), the punishment can range from imprisonment from ninety days to two and one-half years in a house of correction or a fine of up to five thousand dollars.