As you probably already know, resisting arrest is a horribly bad idea! However, what many people don’t know is the reason why. Why can’t you refuse arrest if you believe that you’re innocent and shouldn’t be charged with a crime? Why can’t you refuse to comply when you’re certain that the arresting officer is violating your rights? It’s these questions that sometimes lead people to make bad decisions, because they don’t fully understand how the aw works when it comes to arrests in Michigan. So we’d like to explain.
Resisting arrest is against the law!
Regardless of what you think or believe about being arrested, you CAN NOT resist arrest. You may not have committed a crime, but even if you’re completely innocent, you should not fight with an officer who is trying to arrest you. You are not allowed to run away from the police if they have a warrant for your arrest or if they order you to stop. You also can’t hide from them, falsify information to disguise your identity, or attempt to hurt the officers in any way. Even minimal obstruction or resisting can get you charged with a felony.
Under Michigan law, resisting an officer who is trying to arrest you is called Resisting and Obstructing a Police Officer. It’s a felony punishable by up to 2 years in prison. In other words, it’s taken very seriously by prosecutors and police officers in Michigan!
It’s not only illegal, it’s very dangerous too!
Police officers have a tough job. They deal with violent and deceitful people on a daily basis. As a result, they’re constantly on high alert – ready for anyone who might injure or kill them. They are trained to do that. Many police officers die in the line of duty every year, so it’s a very real possibility that they’re always aware of.
In addition, you need to remember that police officers carry guns and tasers, and you don’t want to be on the business end of either one if you can help it! It’s best to always comply peacefully. Resisting arrest can result in even more criminal charges against you, and also the very real possibility that you’ll be injured, or even killed! Our advice is that you peacefully comply with any law enforcement officer that is trying to place you under arrest. (Important note: That does not mean you should give them a statement or tell your side of the story. To the contrary, be polite but stay quiet. Don’t run your mouth.)
What counts as resisting or obstructing an officer?
According to the legal definition, resisting and obstructing could include “battering, assaulting, obstructing, wounding, endangering, or opposing an individual that is known to be performing his or her official duties.” Because the law is so broad, many different actions could fall under the umbrella of “resisting and obstructing.” So be very careful!
Even yelling at an officer, threatening them, or calling them names can come back to bite you. As we tell all of our clients, the best way to deal with an officer is to be polite, compliant with their orders and respectful. Even if you’re angry or upset, or you disagree with what they’re saying, being courteous can make a huge difference! Remember, the way you treat police officers impacts how they see you, which can have a direct impact on your case!
Do you need help from an experienced Michigan criminal defense attorney?
If you or a loved one think that the police may be investigating you, or you believe you could be charged with a crime, call The Kronzek Firm immediately. We’re available 24 hours a day, 7 days a week, including weekends and holidays, to help you work through any legal concerns you may have. Call 866 766 5245 to discuss your situation with a skilled criminal defense attorney today. We’re here to help!