Resisting an Illegal Arrest
It is illegal to resist a valid arrest. Michigan law makes it a felony under MCL 750.81d to resist arrest with a penalty of up to two years in jail for the most minor offense all the way up to life for the most serious version of resisting arrest. The law states, 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.
Resisting Arrest in Michigan
It is completely legal to resist an illegal arrest.
An arresting officer may use such force as is reasonably necessary to effect a lawful arrest. However, an officer may not use more force than is reasonably necessary. If he does so, to the extent the force used was excessive, that is improper, and a person arrested may use reasonable force to defend himself to the extent the force used upon that person was excessive.
An excessive force arrest is an unlawful arrest, and a citizen has the right to resist an unlawful arrest. However, the amount of force a citizen may use to resist an unlawful arrest must be reasonable under the circumstances.
A person may use reasonable force to resist an unlawful arrest. If the person’s arrest is illegal then the person is entitled to resist that arrest and the burden is on the prosecution to prove that the arrest resisted was legal. The prosecution has the burden of proving the legality of the arrest beyond a reasonable doubt.
If resisting an illegal arrest results in the person acting in self-defense that person does not have to prove they were acting in self-defense. Instead, the prosecutor must prove beyond a reasonable doubt that the defendant did not act in self-defense.
For more information about the charge of Resisting Arrest in Michigan click here.
Michigan Resisting Arrest Lawyer
If you have been charged with resisting arrest or you believe that you lawfully resisted an illegal arrest and were still charged contact our office today. Michigan resisting arrest lawyer, Aaron J. Boria fights for his clients and gets results. Call (734) 453-7806.