Resisting, Obstructing, or Assaulting a Police Officer
In Michigan, the offense called Resisting and Obstructing a Police Officer is very broad and it is intended to prohibit a person from doing anything to make it more difficult for an officer to perform his or her 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 people can be charged even if their conduct hardly had 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, they may be charged with obstructing or opposing a police officer. A reading of the statute shows the legislature was very careful to define 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 reason for the denial was that the failure to comply with a command of a reserve police officer was not a violation of the statute. The legislature did not specify that the law applied to reserve police officers in the definition of whose lawful orders must be obeyed. 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.
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 the police charges or any felony or misdemeanor matter in Michigan.
You need to have the person helping you 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 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!
