Resisting and Obstructing an Arrest Carry Serious Consequences

When a police encounter turns into an arrest, even the slightest resistance from the civilian can result in an additional serious charge commonly referred to “Resist/Obstruct,” or “R/O.” 

MCL 750.81d is defined as assaulting, battering, resisting, obstructing, opposing person performing duty; felony; penalty; other violations; consecutive terms.

 

The Michigan legislature decided to lump all of these actions---assault, battery, obstruction, together under this law. So, a person who mildly resists an arrest (by questioning  an officer) might be charged exactly the same way as a person who forcefully resists (by pushing or punching an officer).  In both instances, you’d face very grave consequences if convicted of this offense. 

 

Learn more about resisting and obstructing an arrest in Michigan here.

 

If you or a loved one is looking for a criminal defense attorney in Ann Arbor, contact us for a free initial consultation. Geherin Law Group serves clients in Washtenaw County and throughout Southeast Michigan and can be reached at (734) 263-2780.

What Happens if You Resist or Obstruct Arrest in Michigan?

Over the years, Dan has fielded questions like this:

“Is R/O a felony, or misdemeanor offense?”

“Will I go to jail or prison for R/O?”

“Can I resist an unlawful arrest?”

“How can I prove my innocence (or show that police acted improperly) if it’s my word vs. theirs?”

 

R/O is a felony by definition, carrying with it up to two years in prison for a “traditional” violation, and many more years if the officer is injured or killed. Time can be imposed consecutively to any other sentence, meaning those two years can “stack up” on another sentence. If a person is convicted of a felony OWI and R/O, he might serve consecutive sentences for each offense. Prosecutors are particularly tough on R/O cases, wanting to “protect” the officers with whom they work with every day.  Judges are no different.  However, sometimes prosecutors charge R/O as an “Attempt,” meaning it becomes a 1-year maximum misdemeanor offense. Consecutive sentences can still apply, and judges and prosecutors will sill treat the attempt charge aggressively.

 

Learn more about resisting and obstructing an arrest in Michigan here.

 

If you or a loved one is looking for a criminal defense attorney in Ann Arbor, contact us for a free initial consultation. Geherin Law Group serves clients in Washtenaw County and throughout Southeast Michigan and can be reached at (734) 263-2780.