When individuals find themselves in the unfortunate circumstance of being arrested, the natural reaction is to question the arrest, pull away and/or to physically retreat or resist. The reality is that these actions can be charged as an independent criminal offense - Resisting Arrest. If you have been the subject of an arrest or have received a criminal complaint, ticket or summons for Resisting Arrest, the Law Office of James G. Schmier, PLLC, can assist you.
Under Michigan Law, it is a crime to assault, batter, wound, obstruct, or endanger any duly authorized person serving or attempting to serve or execute any process, rule, or order made or issued by lawful authority or otherwise acting in the performance of his or her duties.In other words, it is against the law to resist a police officer who is lawfully doing his job
If you are charged with resisting arrest, depending on the circumstances you could face up to two years in prison in addition to the charges that were originally against you.And if someone is injured or dies, the penalties are even more severe.
Schmierlaw can help if you are charged or arrested with resisting arrest. We will look at all the facts, determine if the "duly authorized person' was acting lawfully, and fully examine if under Michigan Law you were entitled to resist and acting lawfully. The Michigan Supreme Court has ruled that under common law, if someone tries to restrict your freedom you may lawfully resist. That includes resisting a police office who is not lawfully entitled to arrest you. If he does, you can fight back with proportional force to resist. While Statutory Law, or laws passed by the legislature, usually trumps common law, but, in this case, the Michigan Legislature has been silent on this issue, so the Courts have turned to common law.
Schmierlaw is a Criminal Defense and Drunk Driving/ DUI legal firm providing representation in Wayne County, Oakland County, Macomb County and throughout Michigan including these Michigan cities:
Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742 FAX: (248) 540-0044 Email: firstname.lastname@example.org