What Is Resisting Arrest in Michigan?

What Is Resisting Arrest in Michigan?

Getting arrested is never a pleasant experience, but it’s essential to comply with law enforcement officers during the process. In Michigan, resisting arrest is considered a serious offense, leading to further charges and penalties that can have a lasting effect on your record. But what exactly constitutes resisting arrest in Michigan? In this post, Lucido & Manzella, P.C. explores the nuances of this statute so that individuals can better equip themselves with the knowledge needed to navigate interactions with police officers, fostering mutual respect and understanding within the community.

Understanding the Law

According to Michigan law, resisting arrest is defined as “knowingly and willfully” obstructing, opposing, or assaulting a police officer during the performance of their duties. This can include physical resistance, such as pulling away from an officer or refusing to be handcuffed, as well as verbal resistance, such as using threatening language or refusing to follow instructions. It’s important to note that even if the officer attempts to make an unlawful arrest, resisting can still result in charges.

Penalties for Resisting Arrest

In Michigan, resisting arrest is considered a misdemeanor offense and carries potential penalties of up to two years in jail and fines of up to $2,000. In addition, individuals may also face charges of assault or obstruction of justice, which can result in further consequences. It’s important to note that if the individual resists arrest with a dangerous weapon or causes serious bodily harm to the officer, they may be charged with a felony offense and face harsher penalties.

Impact of Resisting Arrest on Court Cases and Legal Process

Resisting arrest can significantly impact court cases and the legal process. It can be used as evidence of guilt in the underlying offense, making it more difficult for individuals to defend themselves against other charges. Additionally, resisting arrest can lead to an escalation of force from law enforcement officers, potentially resulting in injuries or harm to both the individual and the officer. This can also strain the relationship between the community and law enforcement, making it more difficult for both parties to work together in the future.

Defenses Against Resisting Arrest Charges

A few possible defenses can be used if an individual faces charges for resisting arrest in Michigan. For example, if the individual was acting in self-defense or defending someone else against excessive force by the officer, they may have a valid defense. Additionally, if the officers did not identify themselves as law enforcement or did not have a valid reason to make an arrest, this can also be used as a defense. It’s important to consult with a skilled criminal defense attorney to determine the best course of action in these situations.

Tips for Dealing with Police Interactions

While the best way to avoid charges of resisting arrest is to comply with law enforcement during interactions, there are a few tips individuals can keep in mind when interacting with police officers:

• Remain calm and cooperative, even if you feel the officer’s actions are unjust.
• Clearly state that you are not resisting and follow all instructions given by the officer.
• Avoid using threatening language or making sudden movements that may be perceived as aggressive.
• If you believe your rights have been violated during the interaction, make note of the details and seek legal counsel.

Remember, the key is always to remain respectful and compliant during these situations while also standing up for one’s rights within the boundaries of the law. 

How Lucido & Manzella, P.C. Can Help

Resisting arrest is a serious offense in Michigan, with potentially severe consequences. People need to understand their rights and responsibilities when interacting with law enforcement officers and the potential risks of resisting arrest. If you or someone you know is facing charges of resisting arrest, contact Lucido & Manzella, P.C. today. Our experienced criminal defense attorneys can help lead you through the legal process and achieve the best possible results.