What Are the Penalties for Resisting Arrest in Michigan?

Resisting arrest can land you in serious trouble in Michigan and leave you vulnerable to a variety of penalties and legal repercussions. It is crucial that you work to protect your legal rights and options when facing related charges. Work with an experienced Upper Peninsula criminal defense lawyer for skilled legal advice and representation during your case.

How is Resisting Arrest Defined?

If you are being charged with resisting arrest in Michigan it is crucial that you are made aware of how the law defines the offense since it will vary from state to state. Under MCL Section 750.81d, resisting arrest is defined as the following.

• Assaulting, battering, wounding, resisting, obstructing, opposing, or endangering a person who the individual knows or has reason to know is performing their duties
• Assaulting, battering, wounding, resisting, obstructing, opposing, or endangering a person who the individual knows or has reason to know is performing their duties and causing bodily injury that requires medical attention or care
• Assaulting, battering, wounding, resisting, obstructing, opposing, or endangering a person who the individual knows or has reason to know is performing their duties and causing a serious impairment of bodily function
• Assaulting, battering, wounding, resisting, obstructing, opposing, or endangering a person who the individual knows or has reason to know is performing their duties and causing the death of that person

Any time you interfere with a law enforcement officer who is conducting an arrest or their duties, whether in defense of yourself or another person being detained, you can be arrested and charged with resisting arrest or obstruction of justice.

What Are the Penalties for Resisting Arrest in MI?

Because resisting arrest is taken seriously in Michigan, the penalties associated with a conviction are quite severe. A defendant who is convicted will have a criminal record and be required to serve time in prison and pay substantial fines depending on the details of their offense.

The standard sentencing guidelines for resisting arrest in its simplest form are as follows.

• Felony offense
• Imprisonment of up to 2 years
• Fines of up to $2,000

If the resistance causes a bodily injury requiring medical attention or care:

• Felony offense
• Imprisonment of up to 4 years
• Fines of up to $5,000

If the resistance causes a serious impairment of bodily function:

• Felony offense
• Imprisonment of up to 15 years
• Fines of up to $10,000

If the resistance causes death:

• Felony offense
• Imprisonment of up to 20 years
• Fines of up to $20,000

Depending on the details of the circumstances the judge may also impose community service, restitution, probation, license suspension, and more. It is important to note that an individual guilty of any of the above can also be charged with any other offense that was committed during the resisting or attempting to resist arrest.