An individual may be faced with harsh penalties in Michigan if they are charged with “Resisting, obstructing, assaulting, or battering an officer” which is more commonly referred to as “resisting arrest” or “assaulting an officer”. When faced with the possibility of such serious penalties, having a skilled attorney to help you prepare and defend your case is necessary to obtain the best possible outcome. Under Michigan law, MCL 750.479 and MCL 750.81d, Resisting, obstructing, assaulting, and battering a police officer or any other government officer are all criminal offenses.
- “Resist” is defined as any non-violent interference directed at a police officer who is acting pursuant to a legitimate law enforcement function.
- “Obstruct” is defined as the use or threatened use of physical interference or force or a knowing failure to comply with a lawful command.
- “Assault” is defined as an unsuccessful attempt to commit a battery. For example, a swing and a miss. –OR- Any act that would cause a reasonable person to fear or apprehend an immediate Battery. For example, a fake slap to make someone flinch, but without actually touching them.
- “Battery” is defined as touching another person or something closely connected with them that is “forceful, violent, or offensive” in nature or intended to harm or embarrass that other person.
According to the Mackinac Center for Public Policy, there are 588 separate law enforcement agencies in Michigan, employing some 17,000 police officers. Committing any of the 4 actions listed above on any of those officers could put an individual at risk for these resisting arrest or similar charges.
However, Michigan Law carves out exemptions to this law, where a citizen may reasonably resist an arrest including any of the following:
- If the officer is using excessive or unreasonable force to make the arrest;
- If the arrest is not lawful or the police officer does not have the right to make the arrest in that situation; or
- The environment was not safe in that situation and the individual attempted to leave to a safer environment, and then complied with the officer.
It is, however, important to note that the distinction of if these conditions were met or not is a question that will be decided by the court after the fact, which means that the individual will have to prove to the court that one of the above conditions were met.
The penalties for resisting arrest can be found in the chart below:
Type of Offense | Penalty | Michigan Law |
Resisting, obstructing, assaulting, or battering an officer | Felony, punishable by imprisonment for not more than 2 years or a fine of not more than $2,000, or both. | |
Resisting, obstructing, assaulting, or battering an officer resulting in injury | Felony, punishable by imprisonment for not more than 4 years or a fine of not more than $5,000, or both. |
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Resisting, obstructing, assaulting, or battering an officer resulting in serious bodily impairment | Felony, punishable by imprisonment for not more than 15 years or a fine of not more than $10,000, or both. |
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Resisting, obstructing, assaulting, or battering an officer resulting in death | Felony, punishable by imprisonment for not more than 20 years or a fine of not more than $20,000, or both. |
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If you or someone you know is dealing with a resisting arrest-related charge, it is imperative that you seek legal representation from a lawyer familiar with this area of law. Police and prosecutors will be working swiftly to build a compelling case against you. Finding a resolution that can keep someone’s criminal record clean and keep you out of jail may be available.
If you would like to set up a consultation to discuss your case further, please feel free to contact us or call (586) 413-7777 at your earliest convenience.