Evading Arrest Defense Attorney in Springfield, Massachusetts

In Massachusetts, a person may be arrested and charged with evading or resisting arrest for using force or violence to prevent a police officer from effecting an arrest. If convicted, the defendant could face devastating penalties, including massive fines, prison sentences, a criminal record, and other life-altering ramifications. 

If you're under investigation for evading or resisting an officer's right to arrest you, retaining a highly-skilled Massachusetts criminal defense attorney is crucial for detailed guidance. With more than 20 years of extensive experience, I have the resources to defend and represent clients facing evading arrest charges. As your attorney, I can investigate all of the facts of your unique situation, dispute the accusations against you with factual evidence, and help strategize a path forward. 

At the Law Office of Joseph M Pacella, I proudly serve clients across Springfield, Massachusetts, and surrounding areas throughout Western and Central Massachusetts, including Palmer, Amherst, Westfield, and Northampton. Set up a consultation today. 

Evading Arrest Charges in Massachusetts  

Evading arrest is a criminal offense that involves deliberately preventing, resisting, or running away from a police officer to prevent a lawful arrest. Under Massachusetts law, a person commits the crime of resisting arrest if that person knowingly prevents or attempts to prevent a police officer from effecting a lawful arrest of the defendant or another person by: 

• Using or threatening to use physical force or violence against the police officer or another person 

• Using any other means that creates a significant risk of causing bodily injury to the police officer or another person

What Factors Must Be Present To Qualify As Resisting Arrest?  

To qualify as evading or resisting arrest, the following factors must be present: 

• The defendant prevented or attempted to prevent a police officer from effecting a lawful arrest 

• The police officer was lawfully discharging their official duties 

• The defendant evaded or resisted arrest intentionally 

• The defendant used or tried to use violence or force against the police officer 

An experienced criminal defense attorney can review every aspect of your unique situation and determine whether the officer instructed you to stop before trying to arrest you. 

Officer's Command to Stop 

In the Commonwealth of Massachusetts, peace officers or police officers trying to make an arrest must first use an audio or visual signal or command to instruct the individual or vehicle to stop. Common examples of actions that qualify as a command to stop include: 

• Sounding a siren 

• Asking your car to pull over 

• Flashing a lighted red lamp that is visible for the person to see 

• Displaying a badge 

• Waving a hand 

Failure to obey the officer's command to stop may result in evading or resisting arrest allegations. A strategic Massachusetts evading arrest defense attorney can enlighten you about the nature of your charges and determine if you had a legal reason to resist the arrest. 

Legal Reasons to Resist Arrest 

Under certain circumstances, you may be entitled to evade or resist an arrest. For instance, consider the following:  

• Unlawful Arrest – The arrest was illegal or unlawful. 

• Excessive Force – The law enforcement officer used excessive force during the arrest. 

• No Probable Cause – The law enforcement officer had no probable cause to stop you or your car or arrest you. 

Unfortunately, resisting or evading an arrest might result in criminal charges. A skilled attorney can help you understand the potential penalties and determine your available defenses. 

Possible Penalties for Evading Arrest 

If you're convicted of evading or resisting arrest in Massachusetts, you may face any of the following penalties and ramifications: 

• Hefty fines and court fees 

• Lengthy incarceration 

• Probation 

• Community service 

• A criminal record/history 

• Difficulties in securing certain loans 

• Loss of voting rights 

• Difficulties in getting accommodation, future employment, or education opportunities 

• License suspension or revocation 

• Loss of rights to own, carry, or possess a gun or firearm 

• Difficulties in getting public benefits or government assistance 

• Possible deportation (non-U.S. citizen) or inadmissibility into the United States 

A knowledgeable lawyer can outline a solid defense strategy to help fight your charges, avoid these penalties, and improve your chances of a brighter tomorrow. 

How Legal Counsel Can Help 

Trying to defend your evading arrest charges without experienced guidance could increase your risks of getting convicted and suffering the maximum penalties. Unfortunately, a criminal record or conviction could jeopardize your reputation, liberty, career, and future. When charged with resisting arrest, you need to hire an aggressive criminal defense attorney to protect your rights and help build your defense. 

At the Law Office of Joseph M Pacella, I'm dedicated to offering personalized legal counsel and skilled representation to individuals wrongfully charged with evading or resisting arrest. As your legal counsel, I can evaluate every aspect of your case, conduct a thorough investigation, and outline an effective defense strategy to fight your charges. I will work diligently to uphold your freedom and help keep your record as clean as possible.