Resisting arrest is a serious criminal offense. Penalties for resisting arrest are based on the injury to the police officer. The more severe the injury the more severe the punishment.
Regardless, all of the punishments of resisting arrest include a felony, the possibility or prison time, and fines.
If you are facing resisting arrest charges in Michigan you need criminal defense lawyer, Aaron J. Boria (734) 453-7806. Click here to view Aaron J. Boria’s bio.
Resisting and Obstructing a Police Officer Penalties.
The law states that an individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a police officer who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable by up to 2 years imprisonment and / or a fine up to $2,000.00.
Causing a bodily injury requiring medical attention or medical care to that person is guilty of a felony punishable by up to 4 years imprisonment and / or a fine up to $5,000.00.
Causing a serious impairment his or her duties of a body function of that person is guilty of a felony punishable by up to 15 years imprisonment and / or a fine up to $10,000.00.
Causing the death of that person is guilty of a felony punishable by up to 20 years imprisonment and / or a fine up to $20,000.00.
In simple terms, you can be charged with resisting arrest simply by physically imposing someone you know to be a police offer.
What is resisting arrest in Michigan?
The State of Michigan must prove that you Assaulted, Resisted, or Obstructed a Police Officer
To prove the charge of resisting arrest or obstructing a police officer, the prosecutor must prove each of the following elements beyond a reasonable doubt:
First, that the you, assaulted, battered, wounded, resisted, obstructed, opposed, or endangered a police officer.
You must have actually resisted arrest by what the you said or did, but physical violence is not required.
Second, the prosecutor must prove that you knew or had reason to know that the person the defendant assaulted, resisted, obstructed, etc., was a police officer performing their duties at the time.
Finally, the prosecution must prove that your actions resulted in the death of the officer, caused serious impairment of a body function to the officer, caused a bodily injury requiring medical attention or medical care to the officer.
Resisting Arrest Defense Lawyer
There are many ways to defend a resisting arrest charge.
First, if you did not actually know that the person was actually police officer then the prosecutor cannot meet the second element of the case. If the person was not in uniform or did not disclose that they were a police officer you may have a great case.
Arguably, even if the person disclosed they were an officer, but did not show a badge and were not in uniform you may not have had a reason to believe they were a police officer and your resisting arrest may be justified.
Second, if you did not assault, batter, wound, resist, obstruct, oppose, or endanger the officer then the prosecutor cannot meet the first element of resisting and obstructing a police officer and the charge could be dismissed.
Third, one of the obvious defenses is that if you did not hurt the officer and they did not require any medical attention the prosecutor would not be able to prove resisting and obstructing case against you.
Fourth, the arrest must be lawful. This means that the police must have had a valid reason to arrest you in the first place. Sometimes police are mistaken on the law and make arrests that violate your constitutional rights. If the police did not have a reason to arrest you then you have a legal right to resist arrest.
Juries have even been known to acquit someone if it can be shown that the police are lying.
Everyone’s case is different, these are just a few ways to beat a resisting arrest case.
There may be more or different reasons in your case. Call Aaron J. Boria resisting arrest defense lawyer (734) 453-7806, we have handled several resisting and obstructing cases with success throughout Michigan.