Michigan Resisting and Obstructing Lawyers
Resisting Arrest | Assaulting Police
Police officers, Sheriff officials, Conservation Officers, Firefighters and other rescue workers are protected under Michigan’s Resisting and Obstructing statute. Criminal violations of this law are often referred to as R & O charges, resisting arrest or assaulting an officer, depending on which provisions of the statute an individual is charged with violating. The charges are generally prosecuted aggressively because prosecutors work closely with law enforcement officers and feel the need strictly enforce this law. If you are facing any type of resisting charge, we can help. Contact us now for a free consultation.
For those who have been charged with other crimes, it is important to keep in mind that resisting arrest from a police officer is an additional crime. If a person batters, assaults, obstructs, wounds, assaults, endangers, or opposes an individual that is known to be performing his or her official duties, then a felony charge may result. The standard statutory penalty is up to 2 years imprisonment, a fine up to $2,000.00, or both.
As it is written, this offense is so broad that many actions can fall under the “obstruction umbrella” which is defined as, “the use or threatened use of physical interference or force or a knowing failure to comply with a lawful command.” This is such a gray area that if a police officer thinks you are projecting a bad attitude or not following directions exactly, you could possibly face the additional charges.
Enhanced Penalties for R & O Crimes
If a person commits the offense of Resisting and Obstructing and causes bodily injury to the officer which requires medical attention, the maximum penalties increase to up to 4 years in prison, a fine up to $5,000.00, or both.
Furthermore, if the resulting injuries are so severe as to cause a serious impairment of a body function, the penalties increase yet again to a maximum of 15 years in prison, a fine up to $10,000.00, or both.
In cases where death results, the maximum penalty is up to 20 years in prison, a fine up to $20,000.00, or both.
However, it is important to note that individuals may also be charged with other crimes that arise from any related conduct. In that case, the term of imprisonment for resisting may run consecutive to any prison term for the other offense. Consecutive sentences are sentences which run one right after another rather than at the same time.
We Fight Overcharging
Resisting and obstructing is an offense that is commonly added on in a variety of circumstances. This crime is a favorite because it is a police officer’s word against a defendant’s. If you feel you have been wrongfully accused of resisting arrest, we can help. We understand that getting arrested is stressful and automatically activates your fight or flight response. Instinctively, you naturally want to fight back to protect yourself. The aggressive attorneys at Kronzek and Cronkright, PLLC, have a lot of experience in successfully defending clients’ rights and a history of getting great results in fighting overcharging.
Read a full version of Michigan’s Resisting Arrest Statute. MCL 750.81d.
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