Detroit Resisting Arrest and Obstruction Defense Lawyer
Putting Your Hand on a Police Officer Could Result in Resisting Arrest Charges
Resisting Arrest is a Natural Reaction that Could Mean Many Years in Prison
Michigan Law MCL 750.81d defines Resisting Arrest as when a person "assaults, batters, wounds, resists, obstructs, opposes or endangers a person who the individual knows or has reason to know is performing his or her duties". Resisting arrest in Michigan is a felony with up two to twenty years in prison depending if someone gets injured or killed.
Bottom line, it is against the law to resist or obstruct a police officer who is lawfully doing his job.
When individuals find themselves being arrested, the natural reaction is to question the arrest, pull away and/or to physically retreat or resist. All these actions can be charged as an independent criminal offense
And just putting your hand on an officer can result in resisting and obstruction charges being filed against you.
Michigan Courts Have Ruled That You May Resist an Unlawful Arrest
Schmierlaw can help if you are charged or arrested with resisting arrest or obstruction. 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 acted 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 trump common law, in this case the Michigan Legislature has been silent on this issue, so the Courts have turned to common law. Meaning, if you have the legal right to resist, Schmierlaw can help you get the charge dismissed and has success doing that.
Schmierlaw, Help if You are Charged with Resisting and Obstruction
If you have been charged or arrested with Resisting Arrest or Obstruction, Schmierlaw, can help. Facing up years in prison, you need an experienced attorney who will examine all the facts and understands the law. Schmierlaw will scrutinize the conduct of the police to see if you had the right to resist and have the charges dismissed. Call Schmierlaw for a free consultation to talk about your case and how we can win.
Penalties for Resisting Arrest
- Resisting Arrest –An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both
- Resisting Arrest Causing Injury –n individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing a bodily injury requiring medical attention or medical care to that person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.
- Resisting Causing Impairment-An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing a serious impairment of a body function of that person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.
- Resisting Causing Death An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing the death of that person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both.
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Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742 FAX: (248) 540-0044 Email: jschmier@schmierlaw.com