Submitted by Anonymous on Sat, 09/04/2010 - 09:43
If a cop trys to arrest you for something you did not do even though he claims he saw you do it and you eventually win the case on what he was arresting you for (hitting someone or battery) does that mean the resisting arrest charge will also be dismissed? Thank you.
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Editor's Response
No. The offense of resisting arrest is a separate matter that you will still have to deal with. Here is the text of Massachusetts General Laws Chapter 268, Section 32b:
Section 32B. (a) A person commits the crime of resisting arrest if he knowingly prevents or attempts to prevent a police officer, acting under color of his official authority, from effecting an arrest of the actor or another, by:
(1) using or threatening to use physical force or violence against the police officer or another; or
(2) using any other means which creates a substantial risk of causing bodily injury to such police officer or another.
(b) It shall not be a defense to a prosecution under this section that the police officer was attempting to make an arrest which was unlawful, if he was acting under color of his official authority, and in attempting to make the arrest he was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A police officer acts under the color of his official authority when, in the regular course of assigned duties, he is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made by him.
(c) The term “police officer” as used in this section shall mean a police officer in uniform or, if out of uniform, one who has identified himself by exhibiting his credentials as such police officer while attempting such arrest.
(d) Whoever violates this section shall be punished by imprisonment in a jail or house of correction for not more than two and one-half years or a fine of not more than five hundred dollars, or both.
As you can see, as long as the officer was acting in good faith, the fact that you are acquitted of the battery charge is not going to serve as a defense to the resisting arrest charge. Given the penalties involved with both of your pending charges, I hope you contact a Massachusetts criminal defense attorney.