Resisting Arrest In Michigan

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 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 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 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 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 arrest charge.

Penalties For Resisting Arrest

In Michigan, the penalty for resisting arrest depends on the result of the crime:

• If the police officer was not injured, the penalty for the resisting arrest charge would be up to two years in jail and a fine of up to $2,000.
• When a police officer is injured or requires medical attention while someone is resisting arrest, the defendant can face up to four years in prison and a fine of up to $5,000.
• If the office was seriously injured, which means a disfigurement or an impairment of a part of the body, the defendant could be sentenced to 15 years in prison and a fine of up to $10,000.
• If an officer was killed because of the resistance, the defendant could be sentenced to 20 years in prison and a fine of up to $20,000.

In addition to being imprisoned and facing hefty fines, the consequences of a felony charge can follow you for the rest of your life. Once you are released from prison, you will likely be on probation which can restrict your movement and require regular check-ins with a probation officer. A felony on your record can also impair your ability to get a job, obtain housing, and even get into college.

Defenses For Resisting 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 arrest because it was not a willful act.

Resisting Arrest Lawyers In Michigan

If you or someone you know has been charged with resisting arrest, an experienced attorney of George Law will review the facts of your case and discuss your legal options. Contact us for a case evaluation by calling us at (248) 247-7459 or reaching out online.