Resisting, Obstructing, or Assaulting a Police Officer
In Michigan, the felony charge for Resisting and Obstructing a Police Officer is comprehensive and can encompass a broad spectrum of alleged behavior. It prohibits a person from doing anything that makes it more difficult for an officer to perform their lawful duties.
Resisting Police Officer Can Happen in Many Ways
The law is so broad that it is easy for a police officer to allege that someone was “Resisting and Obstructing.” MCL 750.81d prohibits the assaulting, wounding, resisting, obstructing, opposing, or endangering of a person the individual knows is performing their duties. Unfortunately, the law is so broad that police arrest people even if their conduct hardly has an impact.
Resisting and Obstructing a Police Officer is a 2-year felony; however, the maximum sentence gets more severe if the police officer is injured or killed. If a person is combative or disrespectful at a traffic stop, officers might charge them with felony or misdemeanor obstructing or opposing a police officer. A reading of the statute shows the legislature was very careful in defining resisting and obstructing very broadly. It would permit charges even for the slightest inconvenience to a police officer performing their legal duties.
A Rare Exception to the Rule
In the recently decided case of People v Ryan Scott Feeley, the Michigan Court of Appeals upheld the denial of a circuit court’s affirmation of a district court’s denial of a bindover request on the charge of resisting a police officer. The court issued the denial because the failure to comply with the command of a reserve police officer was not a violation of the statute. The legislature did not specify that the law applied to failing to obey the lawful order of a reserve police officer. If the legislature had wanted the statute to apply to reserve police officers, it would have provided for them, just as it did for university police officers, sheriff deputies, and federal conservation officers. A top defense lawyer will zealously search for even the most “out-of-the-box” defense to help their client get charges dismissed or reduced.
Does the law cover only police officers?
You can also face Resisting and Obstructing charges in Michigan for resisting, obstructing, or interfering in the lawful duties of a security officer of the Michigan State Police, campus or university police or public safety officer, a conservation officer of the DNR or DEQ, a federal law enforcement agent, a firefighter, EMT or paramedic, or a publicly employed search and rescue worker.
How to Avoid Jail in Resisting And Obstructing Police Cases
There are many ways a savvy defense lawyer can help you avoid jail time on a Resisting a Police Officer charge. First, they can attempt to get the charges thrown out of court. Police errors or misuse of their lawful authority can result in a dismissal of all charges. For example, the Defense Team with LEWIS & DICKSTEIN, P.L.L.C. recently convinced a judge to dismiss a case when we uncovered evidence that the Hamtramck police officers used excessive force when detaining our client. Plea bargaining is also an effective way to reduce the charges to a charge less likely to result in a custodial sentence. Finally, our team is adept at putting together outstanding sentencing allocations and memorandums that have consistently proven to reliably persuade judges to order probation or fines as an alternative to jail.
Have a Premier Criminal Defense Law Firm Evaluate Your Case
There was a time 40-50 years ago when a doctor or lawyer could be a general practitioner. Those days are long gone. Doctors and lawyers have had to become specialists to be great. If you find a doctor who dabbles in multiple medicine areas, you would not want that person to perform a specialized procedure on you or a loved one. The same logic applies when hiring an attorney for Resisting a Police Officer charges or any felony or misdemeanor matter in Michigan.
You need the person helping you to be a specialist in the area where you need help. LEWIS & DICKSTEIN, P.L.L.C. is a criminal law specialty law firm. Criminal law is the only area of law the firm practices. The lawyers of LEWIS & DICKSTEIN, P.L.L.C. are all recognized as first-rate and well-respected. Other lawyers often seek out the firm’s attorneys with questions and seeking advice. The firm’s attorneys are multiple award winners and are recognized nationally as top-notch resisting and obstructing criminal defense attorneys.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you.
We Are Not Afraid to Win!
