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 Get my Stuff Back if The Cops Seize it During an Investigation in Michigan? (Pt 1)We’ve all heard the stories – people’s homes invaded by officers who have a warrant to search for evidence they suspect will be there. They show up, turn the place upside down, and leave with boxes full of that person’s belongings. There goes the laptop, the cell phone, and a wad of cash that was […]
- Why Are They Charging me With Burglary?I Didn’t Steal Anything? (Pt 2)Welcome back and thanks for joining us here at The Kronzek Firm. We’ve been discussing the sometimes confusing topic of Breaking & Entering (called B&Es here in Michigan), Home Invasion, and Burglary. As we mentioned in the previous article, all three of those rimes are actually different charges under Michigan law. So being charged with […]
- Why Are They Charging me With Burglary? I Didn’t Steal Anything? (Pt 1)The subject of burglary charges in Michigan can be very complicated. You’d think it would be straight forward – if you break into someone’s house you get charged with a B&E (Breaking and Entering), and if you steal something, you get charged with Burglary. But it doesn’t work quite like that. Why? Because your intentions […]
- Michigan’s Sex Offender Registration Laws Have Been Updated, And They’re Confusing Everyone. Including The Cops!Michigan law can be confusing, especially when it’s not something you have any training in, or that you deal with on a regular basis. So hearing that Michigan has updated it’s Sex Offender Regisration rules in a confusing way may be disheartening for the average person from Lansing, St. Johns, Adrian, or Grand Rapids, but […]
- What’s The Difference Between Simple Assault and Aggravated Assault, and Why Does it Matter?Being accused of Assault here in Michigan is a scary prospect. You have to deal with being arrested, charged with a violent crime, time in court, and the very real possibility that you’ll be convicted and have to go to jail. Or worse – prison! The last thing you need on top of all that […]
- Arrested For Domestic Violence in Michigan?Here’s What You Need to do Right Now! (Pt 2)Welcome back and thanks for joining us here at The Kronzek Firm for this ongoing discussion about what to do if you’ve been arrested for domestic assault. As you know from our previous blog post, domestic violence is taken very seriously here in Michigan, so it’s critical that you handle this the right way. Whether […]