{"id":374163,"date":"2018-02-13T18:11:38","date_gmt":"2018-02-13T23:11:38","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/michigan-law\/michigan-resisting-arrest-laws.html"},"modified":"2025-10-22T11:21:32","modified_gmt":"2025-10-22T16:21:32","slug":"michigan-resisting-arrest-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/michigan-law\/michigan-resisting-arrest-laws.html","title":{"rendered":"Michigan Resisting Arrest Laws"},"content":{"rendered":"\n
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Michigan Resisting Arrest Laws<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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In Michigan<\/span>, resisting an officer is a serious felony. The law only applies when an officer is lawfully “performing his or her duties,” giving you a legal right to resist an unlawful arrest<\/span>. Despite this right, physically resisting can be extremely dangerous, and the safest approach is to challenge the arrest’s legality in court with the help of an experienced attorney.<\/p>\n\n <\/div>\n\n\n\n

Resisting arrest charges<\/span> in the state of <\/span>Michigan<\/span> cover assaulting or obstructing<\/span> a public officer in the performance of their duties. They aren\u2019t limited to interactions with police officers<\/span> or even situations involving an arrest.<\/p>\n

In this article, we\u2019ll explain how Michigan<\/span> defines the criminal charge<\/span> referred to as resisting arrest. We\u2019ll also go over the potential penalties and possible defenses.<\/p>\n

How Michigan<\/span> Law<\/span> Defines Resisting Arrest<\/h2>\n

Michigan<\/span>\u2019s main statute for resisting arrest<\/a> defines the full charge as assaulting, battering<\/span>, resisting, obstructing<\/span>, or opposing a person performing duty.<\/p>\n

The essential elements are that someone assaults, batters<\/span>, wounds, resists, obstructs<\/span>, opposes, or endangers a person whom the individual knows or has reason to know is performing their duties. The person performing their duties under the statute includes:<\/p>\n