Resisting and Obstructing the Police Defense Attorney
Successfully and expertly defending Resisting and Obstructing charges in Michigan…When you have been accused of Resisting and Obstructing, call upon a top-rated criminal defense law firm that does not back down or cave in. We are not afraid to win.
Resisting and Obstructing the Police Charges in Michigan
As you might imagine, resisting and obstructing the police charges are taken very seriously by police, judges, and prosecutors. The allegations are serious because the charge constitutes a direct challenge to the state’s authority, whether a simple failure to obey a command or a physical confrontation. What otherwise would be considered a 93-day misdemeanor is escalated to a 2-year felony if the person assaulted, resisted, or obstructed is an officer.
Because of the nature of these cases, they are often charged when there is no legitimate basis to bring a charge to court. Overly aggressive prosecutors who see themselves as part of the “law enforcement team” look for ways to charge these cases instead of being fair and impartial. For instance, if you misunderstand a police officer or perhaps couldn’t hear what they said, you can be charged with a crime if the officer believes your failure to follow directions was intentional. If so, you want the best criminal attorney you can get, as the government will come after you with all they have. Before you talk to anyone about the case or do anything else, call Michigan’s Resisting and Obstructing the Police defense firm, LEWIS & DICKSTEIN, P.L.L.C., for a free consultation regarding your situation.
What constitutes resisting and obstructing?
Resisting and obstructing is defined as assaulting, battering, wounding, resisting, obstructing, opposing, or endangering a person known to be performing their duties as an officer.
Some definitions are helpful. A “person” can mean a police officer, a college police officer, a conservation officer, a constable, a sheriff deputy, a firefighter, an EMS employee, or an agent of the secret service or department of justice.
“Obstruct” includes the use or threatened use of physical interference or force or a knowing failure to comply with a lawful command.
Most people believe that Resisting and Obstructing the Police requires an assault on an officer, which could not be further from the truth. Most of these cases involve allegations of failure to cooperate, providing false information, or interfering in an arrest. Other charges arise from situations where someone is being arrested or detained and react from pain inflicted by overly aggressive police officers. Like pulling away from someone inflicting pain, natural and involuntary reactions will be interpreted as resisting arrest.
What are the penalties for Resisting and Obstructing the Police?
- The basic charge is a 2-year felony plus a $2,000.00 fine, or both. Up to 5 years of probation may be imposed in Michigan for any felony conviction.
- If bodily injury to an officer results from resisting and obstructing, which requires medical attention or care, then the penalty jumps to a 4-year felony plus a $5,000.00 fine, or both. Bodily injury is broadly defined and can even be charged when the officer accidentally hurts him or herself.
- If serious impairment of a bodily function occurs to the officer as a result of the resisting and obstructing incident, the penalty rises to a 15-year felony plus a $10,000.00 fine, or both.
- If death results from an alleged resisting and obstructing, the penalty is a 20-year felony and a $20,000.00 fine, or both
As indicated above, prosecutors want to show the police they are on their side and are very tough on anyone they think gave the police a hard time, let alone injured them. They will rarely offer plea bargains and usually press for jail time for defendants convicted of Resisting and Obstructing the Police. Likewise, judges also want to show the police they support them and have no problem sending people to jail. Resisting and Obstructing the Police cases, especially if there is any alleged injury. Your lawyer is the only thing standing between you and a prosecutor or judge seeking to impose a jail sentence.
There is hope! We Can Successfully Represent You on These Charges.
Resisting and obstructing the Police cases are often charged based upon the slightest police allegations. These cases often arise when there may be a fight between two or more people or a disturbance among several people, perhaps a loud one, and the police feel overwhelmed and a bit panicked. A person may be arrested for resisting and obstructing if a single shouted command is not heeded immediately. The law was not written to criminalize misunderstandings. A savvy and experienced attorney can show the law’s intent was not violated if there was a misunderstanding, and the charge should be dismissed. Additionally, in the heat of an unruly event, many times, a person may not even hear an order from the police due to the distracting circumstances. The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has decades of experience successfully defending clients charged with Resisting and Obstructing the Police.
Your Best Defense Starts Here – Top Criminal Defense Law Firm
LEWIS & DICKSTEIN, P.L.L.C.’s attorneys have handled countless Resisting and Obstructing the Police cases over the decades, and we know exactly how to confront them. We presume our clients are innocent. Sadly, many attorneys do not. We will fight for you to prove to the judge, jury, and prosecutor that our client is innocent and the government has insufficient evidence for a conviction. We will leave no stone unturned, and we are not afraid to win, even on Resisting and Obstructing the Police cases.
The dedicated, experienced, and zealous defense attorneys at LEWIS & DICKSTEIN, P.L.L.C. have successfully represented thousands of clients on felony and misdemeanor charges in Oakland, Macomb, Wayne, Washtenaw, and Livingston Counties and throughout Michigan. We have a well-earned reputation for providing the highest quality defense and aggressive representation, while showing empathy and care for each client.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
