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.
Notes of Decisions
Cited in 124
cases (27 in the last 5 years), 1997–2026 · leading case: United States v. Faust, 853 F.3d 39 (1st Cir. 2017).
United States v. Faust, 853 F.3d 39 (1st Cir. 2017). · cites it 4דFaust also appeals his sentence on the ground that the district court erroneously concluded that his prior convictions for resisting arrest, Mass. Gen. Laws ch. 268, § 32B(a), and assault and battery on a police officer ("ABPO"), Mass.”
United States v. Tavares, 843 F.3d 1 (1st Cir. 2016). · cites it 3דTavares does not dispute that the two versions of the Massachusetts Resisting Arrest offense set forth in subsections (1) and (2) are divisible under Descamps. Nor does Tavares disagree that remand for consideration of any Shepard documents would be appropriate if the subsection…”
Commonwealth v. Grandison, 741 N.E.2d 25 (Mass. 2001). · cites it 3ד94C, § 34D, and G. L. c. 268, § 32B, respectively. He was acquitted on a count charging assault and battery on a police officer.”
Commonwealth v. Powell, 946 N.E.2d 114 (Mass. 2011). · cites it 3ד269, § 10 (a); and *574 resisting arrest, in violation of G. L. c. 268, § 32B. 4 He appeals from the denial of his pretrial motion to suppress evidence, 5 contending that the firearm recovered was the result of an unlawful seizure of his person under art.”
Commonwealth v. Grant, 880 N.E.2d 820 (Mass. App. Ct. 2008). · cites it 4דThe defendant was convicted of resisting arrest in violation of G. L. c. 268, § 32B, and unlawful possession of a firearm and ammunition in violation of G.”
Commonwealth v. Katykhin, 794 N.E.2d 1291 (Mass. App. Ct. 2003). · cites it 5דOn appeal from his conviction for resisting arrest, G. L. c. 268, § 32B, the defendant claims that the evidence was insufficient.”
Commonwealth v. Gordon, 974 N.E.2d 645 (Mass. App. Ct. 2012). · cites it 3ד265, § 13D (Count 4); and resisting arrest, in violation of G. L. c. 268, § 32B (Count 5). After hearing sentencing recommendations from the prosecution and defense counsel, the plea judge (who has since retired) imposed the following sentences: on Count 1, two and one-half…”
Commonwealth v. Maylott, 841 N.E.2d 717 (Mass. App. Ct. 2006). · cites it 5דThis is an appeal from the defendant’s conviction, following a jury trial in the District Court, of resisting arrest, G. L. c. 268, § 32B. Arguing that the Commonwealth failed to satisfy all elements of the charge, the defendant claims that the judge erred in denying his motion…”
Jerome Julius Weeks v. United States, 930 F.3d 1263 (11th Cir. 2019). · cites it 3דMass. Gen. Laws ch. 268, § 32B(a). In his sentencing memorandum and at the sentencing hearing, Mr.”
United States v. Carrigan, 724 F.3d 39 (1st Cir. 2013). · cites it 2דSee Mass. Gen. Laws ch. 268, § 32B(a). 3 Both methods fall under either the force clause, see id.”
O'Brien v. Town of Bellingham, 943 F.3d 514 (1st Cir. 2019). “265, § 15A(b); (2) resisting arrest in violation of Mass. Gen. Laws ch. 268, § 32B; and (3) assault and battery on a public employee as to Officer Joyce, Sergeant Russell, and Sergeant Perry, in violation of Mass.”
United States v. Weekes, 611 F.3d 68 (1st Cir. 2010). · cites it 2דThe district court also counted Weekes’s state conviction for resisting arrest, see Mass. Gen. Laws ch. 268, § 32B, as an ACCA predicate, which it was if resisting arrest is soundly categorized as a “violent felony” under that statute.”
United States v. Faust, 853 F.3d 39 (1st Cir. 2017). “Faust also appeals his sentence on the ground that the district court erroneously concluded that his prior convictions for resisting arrest, Mass. Gen. Laws ch. 268, § 32B(a), and assault and battery on a police officer ("ABPO"), Mass.”
United States v. Tavares, 843 F.3d 1 (1st Cir. 2016). “Tavares does not dispute that the two versions of the Massachusetts Resisting Arrest offense set forth in subsections (1) and (2) are divisible under Descamps. Nor does Tavares disagree that remand for consideration of any Shepard documents would be appropriate if the subsection…”
United States v. Carrigan, 724 F.3d 39 (1st Cir. 2013). “See Mass. Gen. Laws ch. 268, § 32B(a). 3 Both methods fall under either the force clause, see id.”
Jerome Julius Weeks v. United States, 930 F.3d 1263 (11th Cir. 2019). “Mass. Gen. Laws ch. 268, § 32B(a). In his sentencing memorandum and at the sentencing hearing, Mr.”
Commonwealth v. Maylott, 841 N.E.2d 717 (Mass. App. Ct. 2006). “This is an appeal from the defendant’s conviction, following a jury trial in the District Court, of resisting arrest, G. L. c. 268, § 32B. Arguing that the Commonwealth failed to satisfy all elements of the charge, the defendant claims that the judge erred in denying his motion…”
— Mass. Gen. Laws ch. 268, § 32B(a)(1) — 2 cases
Jerome Julius Weeks v. United States, 930 F.3d 1263 (11th Cir. 2019). “Mass. Gen. Laws ch. 268, § 32B(a). In his sentencing memorandum and at the sentencing hearing, Mr.”
Commonwealth v. Grant, 880 N.E.2d 820 (Mass. App. Ct. 2008). “The defendant was convicted of resisting arrest in violation of G. L. c. 268, § 32B, and unlawful possession of a firearm and ammunition in violation of G.”
Commonwealth v. Katykhin, 794 N.E.2d 1291 (Mass. App. Ct. 2003). “On appeal from his conviction for resisting arrest, G. L. c. 268, § 32B, the defendant claims that the evidence was insufficient.”
United States v. Faust, 853 F.3d 39 (1st Cir. 2017). “Faust also appeals his sentence on the ground that the district court erroneously concluded that his prior convictions for resisting arrest, Mass. Gen. Laws ch. 268, § 32B(a), and assault and battery on a police officer ("ABPO"), Mass.”
— Mass. Gen. Laws ch. 268, § 32B(s)(2) — 1 case
Commonwealth v. Grant, 880 N.E.2d 820 (Mass. App. Ct. 2008). “The defendant was convicted of resisting arrest in violation of G. L. c. 268, § 32B, and unlawful possession of a firearm and ammunition in violation of G.”
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