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Being arrested can be terrifying. If you panic during the arrest and make it more difficult for the police, it can result in a resisting and obstructing arrest charge. Even if the arrest was not legal or the crime you were arrested for is dropped, you can still be charged with resisting arrest, resulting in serious penalties that follow you through your life.
If you or someone you know is facing a resisting and obstructing arrest charge, contacting an experienced criminal defense attorney will allow your defense team to develop a defense strategy and begin working on getting your resisting arrest charges dismissed. To schedule a case evaluation with one of our experienced criminal defense attorneys, contact us at (248) 247-7459 or online.
What Constitutes Resisting or Obstructing Arrest?
Under Michigan law, anyone who resists or obstructs someone the person knew or should have known was performing their duty under the law is considered to be resisting arrest. Obstructing constitutes failing to comply with a lawful demand from an officer, using physical force, or threatening to use physical force. The resisting arrest law is not limited to state or local police. It also protects the following:
- Security officers;
- Firefighters;
- Peace officers; and
- Emergency medical service officers.
Resisting arrest can be active or passive. This means that you can be charged with resisting arrest for actively fighting against an officer during your arrest or for hiding and running when the police are attempting to make an arrest.
What If A Police Officer Is Using Force?
A police officer is only allowed to use the amount of force that is reasonably necessary to make an arrest and stop the suspect from fleeing. Police are not allowed to use force that will place the public at risk. However, this does not prevent police from shooting back at a suspect when the public has already been placed in harm’s way. For example, if someone is shooting in public, the police can return fire to end the violence. In contrast, if someone has not harmed the public, the police cannot begin shooting and endanger the public.
If an officer is using excessive force, it is not recommended that you resist arrest because it can lead to criminal charges. However, there is a possible defense that you were fighting back because you felt your life was in danger because of the unprovoked excessive force.
Does Using Force Against A Police Dog Constitute Resisting Arrest?
Yes, you can be charged with resisting arrest if you fight back against a police dog. Police dogs are working dogs that are provided more rights than an average dog. Therefore, you can be charged with resisting and obstructing arrest if you fight back against a dog performing its duty as a law enforcement officer.
However, if a police officer uses excessive force and you resist protecting yourself, you can fight back against a dog if your life is in danger. For example, if a police dog is not “heeling” when their handler calls them, and you become frightened for your life, so you begin to fight back against the dog, you may have a valid defense for the resisting and obstructing arrest charge.
Penalties For Resisting Arrest
The penalties for resisting and obstructing in Michigan depend on the severity of the incident. The law classifies the offense based on the harm caused to the person performing their duty.
- Basic Offense (Felony): If you’re found guilty of resisting and obstructing without causing any bodily harm, you could face up to 2 years in prison, a fine of up to $2,000, or both. However, if the offense is charged under a local ordinance, it could be a misdemeanor offense with less severe penalties.
- Causing Bodily Injury (Felony): If your actions result in bodily injury that requires medical attention, the penalty increases. You could be looking at up to 4 years in prison and a fine of up to $5,000.
- Serious Impairment of a Body Function (Felony): If the person suffers a serious impairment of a body function because of your actions, you face imprisonment for up to 15 years and a fine of up to $10,000.
- Causing Death (Felony): In the most extreme cases, where resisting and obstructing leads to the death of the person performing their duty, you could face up to 20 years in prison and a fine of up to $20,000.
It’s also important to know that these sentences can run consecutively with any other felony charges you might face from the same incident. This means if you’re convicted of another crime along with resisting and obstructing, the prison times can be added together, leading to a longer overall sentence.
There are alternatives to incarceration that might be considered, depending on your case’s specifics and your background. These can include probation, community service, or participation in rehabilitation programs. These alternatives aim to provide a way for you to make amends and possibly avoid the full severity of prison time, especially in less severe cases.
Defenses For Resisting and Obstructing Arrest
Under Michigan law, the prosecution must prove beyond a reasonable doubt that the defendant obstructed or actively resisted arrest. Therefore, the strongest defense is that the prosecution has failed to meet its burden of proof. Additional defenses include:
- Self-defense or defense of others: In some cases, you may have a valid self-defense argument if you were in reasonable fear of your life because the police were using unprovoked excessive force during the arrest. However, this is a steep hill to climb, so contacting an attorney as soon as possible is essential in creating the best defense strategy.
- Unlawful arrest: It may be a valid defense that you resisted arrest due to unlawful acts by an officer when they were making your arrest. For example, if a police officer came into your home to make an arrest without a warrant and you ran in fear for your life, you may have a valid unlawful arrest defense. However, this defense is not valid when physical force is used or if a risk of bodily injury was created during the resistance of arrest.
- There was no willful act: If someone is having a seizure and cannot comply. But, at the same time, they are being commanded to put their hands behind their back, which cannot be considered resisting and obstructing arrest because it was not a willful act.
Role of a Criminal Defense Lawyer in a Resisting and Obstructing Case
If you’re facing charges of obstructing the police, a criminal defense lawyer can provide significant help. First, they will examine the details of your case to identify any potential defenses, like those mentioned above. They know the law and can analyze whether the charges are supported by the facts.
Your lawyer will also represent you in court, speaking on your behalf and arguing your case. They can negotiate with prosecutors, potentially reducing the charges or penalties you face. In some cases, they might be able to have the charges dismissed entirely.
Importantly, a defense lawyer guides you through the legal process, explaining each step and what to expect. They can advise you on the best course of action, whether it’s going to trial or accepting a plea deal. Their knowledge and experience are key in helping you through this challenging time.
10 Questions About Resisting Obstructing Law Enforcement in Michigan
What does resisting and obstructing mean? It means you’re accused of intentionally interfering with a person who’s performing their official duty, like a police officer or firefighter.
Are there defenses against resisting and obstructing charges? Yes, defenses include lack of knowledge, self-defense, accidental actions, and unlawful arrest.
What if I didn’t know the person was a police officer? Lack of knowledge that the person was performing an official duty can be a defense.
What should I do if I’m charged with resisting and obstructing? Consider contacting a criminal defense lawyer to discuss your case and potential defenses.
How serious is an obstruction offense? It’s based on factors like the level of harm caused in the act of obstructing or resisting the police.
Michigan Resisting and Obstructing Lawyers
If you’re facing charges of resisting and obstructing law enforcement, you don’t have to manage this alone. Get in touch with George Law by calling (248) 247-7459 or contacting us online for a consultation with a resisting and obstructing lawyer. We’ll take the time to understand your situation and charges, explain your options, and work towards the best possible outcome for your case.