Crimes Associated with Resisting Arrest
Resisting arrest may be referred to in various ways: R&O, resisting and obstructing, assaulting a police officer, resisting a police officer, etc.
Far greater than the number of names for the offense are the number of actions an individual can take when in contact with law enforcement that could land them a resisting arrest charge. In this case, law enforcement includes police officers, deputy sheriffs, firefighters, and emergency medical service personnel.
This is a crime that is charged often, and is treated very seriously—resisting arrest is a felony that is punishable by up to twenty years in prison, depending on the severity of the charge (see below). Any criminal defense attorney with experience in these types of cases understands the seriousness of a resisting arrest charge.
Michigan Laws Surrounding Resisting & Obstructing
At Hills at Law, P.C., our attorneys handle all resisting arrest charges, including, but not limited to:
- Attempted Resisting and Obstructing: misdemeanor; punishable by up to one year in jail
- Assaulting, Battering, Obstructing, or Endangering An Officer (R&O): felony; punishable by up to five years in prison
- R&O Causing A Bodily Injury Requiring Medical Attention: felony; punishable by up to five years in prison
- R&O Causing Serious Impairment of A Bodily Function: felony; punishable by up to ten years in prison
- R&O Causing Death: felony; punishable by up to twenty years in prison
The following actions all fall under the banner of “assaulting, resisting, or obstructing a police officer”: assaulting, battering, wounding, resisting, obstructing, opposing, or endangering a “state authorized person.” Obstructing a police officer includes the use or threatened use of physical interference or force, or a knowing failure to comply with a lawful command.
In a case in which someone is charged with resisting arrest, he or she has to resist, but the prosecutor does not have to show evidence that physical violence occurred. The prosecutor does have to prove that the person charged knew or had reason to know the person he or she resisted, assaulted, battered, wounded, obstructed, opposed, or endangered was a police officer performing his/her duties.
Actions which could lead to a charge under this statute can range from ignoring a lawful command to actively resisting an officer’s attempt to arrest.
Regardless of the status of your case, if you’ve been charged with or accused of resisting arrest, you should seek legal representation as soon as possible.