The penalties for resisting arrest in Michigan can be harsh, so it’s important that you understand your legal rights and options. Continue reading and contact a skilled Upper Peninsula criminal defense lawyer today for more information.
What is Resisting Arrest?
In Michigan, resisting arrest is a serious offense defined under MCL 750.81d. It includes actions such as assaulting, battering, wounding, resisting, obstructing, opposing, or endangering a police officer while they are performing their official duties.
The term “obstructing” is interpreted very broadly and includes any interference with a law enforcement officer, whether they are making an arrest or simply performing their duties. This can range from physical interference to a failure to comply with lawful commands, particularly when it is knowing and willful.
Physical violence is not required for a charge. Passive resistance, such as pulling away or simply refusing to follow an order, can sometimes be sufficient to warrant charges. Even interfering with an officer in defense of yourself or another person being detained can lead to charges of resisting arrest or obstruction of justice.
It is important to note that the severity of the charge and subsequent penalties are heavily influenced by the conduct involved. While non-violent obstruction can lead to charges, more serious conduct, especially if it causes injury to the officer, results in enhanced felony penalties. For example, causing bodily injury, a serious impairment of a bodily function, or death significantly increases the potential prison time and fines.
What Happens if I’m Charged With Resisting Arrest in MI?
After being arrested for resisting arrest, you will be booked and processed before being required to attend an arraignment. At the arraignment, the court formally presents the charges, and conditions of release, or bond, are set to ensure that you attend future court dates.
Since resisting arrest charges are often filed alongside other offenses like disorderly conduct, assault, or drug-related charges, the presence of multiple charges can significantly increase the potential penalties and the complexity of the case. After the arraignment, the case moves into the pretrial phase, which can involve various pretrial hearings and negotiations between the defense and the prosecution. If a resolution is not reached, the case may proceed to trial. Due to the serious nature of a felony charge, navigating this legal process without experienced counsel is strongly discouraged.
What Are the Penalties for Resisting Arrest in MI?
The penalties you incur for resisting arrest depend on the specific circumstances of your case. A basic charge generally results in up to 2 years in prison, fines of up to $2,000, possible probation, court costs, and a criminal record.
The more serious the case is, the more severe the penalties become. For example, if the officer is injured, you could be sentenced to 4 years in prison. Serious bodily injury or death could result in up to 15 or 20 years, respectively.
The consequences can be harsh, so it’s important that you are adequately represented. Contact a skilled defense attorney for more information and legal advice today.
