Resisting And Obstructing Charges in Michigan
Resisting Arrest and 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 The Kronzek Firm have a lot of experience in successfully defending clients’ rights and a history of getting great results in fighting overcharging.
TALK TO A CRIMINAL DEFENSE ATTORNEY.
CALL (800) 576-6035
More information on Resisting And Obstructing Charges in Michigan
- Will I go to Jail if I Get Into a Fight With my Wife And She Calls The Cops?Sometimes police show up at a couple’s home because one person is a violent abuser and the other is a victim, unable to protect themselves or get to safety without help. But it isn’t always like that. Sometimes the cops show up because an argument gets heated, emotions run high, and the neighbors worry because […]
- How Michigan’s New ‘Clean Slate’ Expungement Laws Affect YouIn the first part of last month we shared with you some details about Michigan’s new ‘Clean Slate Act’, and how it’s going to revolutionize expungement in the future. Well, the future is almost upon us, as they say, and we’d like to give you a quick summary of how these changes to Michigan’s expungement […]
- Proposed Gun Laws Would Offer Fewer Restrictions For Michigan ResidentsThe issue of firearms restrictions and gun safety has been a highly controversial topic, both here in Michigan and everywhere else in the US, for many years. People go back and forth between protecting second amendment rights, and wanting to keep the public safe and reduce the number of school shootings, like those that happened […]
- Arrested For Drunk Driving? Why Your BAC / Breath Test Results Might be Wrong! (Pt 2)Welcome back and thanks for joining us for this discussion about BAC results in Michigan, and the reasons why that breath test might actually be wrong next time you get stopped for drunk driving. As if being arrested isn’t bad enough! Turns out, between the financial cost involved, the time it takes out of life, […]
- Arrested For Drunk Driving? Why Your BAC / Breath Test Results Might be Wrong! (Pt 1)If you’ve ever been arrested for drunk driving in Lansing, Charlotte, or Ionia, then you know how awful that experience can be. You’re trying to get home safely and instead you end up pressed up against your car in the dark, walking an imaginary line on the street where everyone can see you, and finally […]
- Hiring a Cheap Attorney Can Cost You a Lot More Money in The Long RunWe get it. You’ve been accused of a crime and you’re facing considerable time behind bars. That means you won’t be able to work, so you won’t have an income to support yourself and your family. In addition, you may even lose your professional license, lose your family and friends and making it harder to […]