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
- The Role of Expert Witnesses in Shaken Baby Syndrome Defense: Insights from People v. LemonsDefending Your Rights Against Shaken Baby Syndrome Charges We’ve seen more than our fair share of tough battles as Michigan criminal defense attorneys. But when it comes to defending against Shaken Baby Syndrome (SBS) charges, the stakes are sky-high. The Michigan Supreme Court’s ruling in People v. Lemons serves as a stark reminder: expert witnesses can make… Read more: The Role of Expert Witnesses in Shaken Baby Syndrome Defense: Insights from People v. Lemons
- A Step Toward Justice: The New Federal Sentencing Amendment and Its Impact on Acquitted ConductAlthough the criminal defense team at The Kronzek Firm practices primarily in state courts in Michigan, they occasionally represent clients in federal criminal cases. All the attorneys on our defense team applaud a new federal sentencing practice. On April 17, 2024, the U.S. Sentencing Commission took an important step toward reforming federal sentencing guidelines. In… Read more: A Step Toward Justice: The New Federal Sentencing Amendment and Its Impact on Acquitted Conduct
- You Have the Right to Remain Silent. Sometimes.Clients often ask our criminal defense attorneys if their criminal charges can be dismissed due to the police’s failure to inform them of their right to silence upon arrest. We all hear about Miranda rights on television, right? This Fifth Amendment right in the U.S. Constitution safeguards individuals from self-incrimination. It applies to all criminal… Read more: You Have the Right to Remain Silent. Sometimes.
- Michigan’s New Distracted Driving LawAs of June 30th, a new driving law will be going into effect. This new law prohibits any and all electronic device use while in the car. This includes using an electronic device while driving and even when you’re stopped. If your car is on the road and you are in the driver’s seat, it… Read more: Michigan’s New Distracted Driving Law
- Michigan’s New Distracted Driving Law: What You Need to KnowMichigan’s new distracted driving law goes into effect on June 30, barring all drivers from holding and using a mobile electronic device, such as a cell phone, while driving. Although texting and driving has been illegal in Michigan for years, the old law was passed at a time when cell phones and their capabilities were… Read more: Michigan’s New Distracted Driving Law: What You Need to Know
- Michigan’s New Gun Laws: Know How These Laws Affect Your Gun Rights!Michigan Gov. Gretchen Whitmer recently signed several gun reform bills into law that will change several of the state’s current firearms laws, affecting the rights of gun owners when the new laws take effect in early 2024. These new laws impose mandatory background checks on all firearm purchases, require safe storage of firearms around minors,… Read more: Michigan’s New Gun Laws: Know How These Laws Affect Your Gun Rights!