Michigan Resisting Arrest Laws

Resisting arrest charges in the state of Michigan cover assaulting or obstructing a public officer in the performance of their duties. They aren’t limited to interactions with police officers or even situations involving an arrest.

In this article, we’ll explain how Michigan defines the criminal charge referred to as resisting arrest. We’ll also go over the potential penalties and possible defenses.

How Michigan Law Defines Resisting Arrest

Michigan’s main statute for resisting arrest defines the full charge as assaulting, battering, resisting, obstructing, or opposing a person performing duty.

The essential elements are that someone assaults, batters, wounds, resists, obstructs, 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:

• Police officers (including campus security officers)
• Peace officers
• Conservation officers
• Sheriffs and their deputies
• Firefighters
• Emergency medical services personnel (EMTs) and paramedics

Resisting means assaulting, battering, or using other physical force. Obstructing refers to force, threat of force, or refusing to comply with lawful commands.

What does all that mean? It indicates that you can receive resisting arrest charges for almost any interference with an officer attempting to carry out their duties. The key requirement is that you know they are public officials performing elements of their job.

Other Public Officials

Another Michigan resisting arrest statute covers a broader category of public officials who don’t carry out arrests but might encounter resistance or obstruction. It uses the same key language, requiring an official to be performing their duties. The statute also interprets obstruction in the same way.

Michigan laws categorize almost any public official as a public officer for purposes of resisting and obstructing. A wide array of public employees may have lawful authority under this law, including:

• Judges, prosecutors, or other court officials
• Probation and parole officers
• Medical examiners

Individuals may face criminal charges for assaulting or impeding any such individual in the course of their duties.

Penalties for Resisting Arrest in Michigan

Resisting arrest can be assessed as either a felony charge or a misdemeanor offense. It will depend on the details of the incident.

Penalties for a resisting and obstructing charge depend on the level of force used and whether the officer suffered serious injuries or required medical care after the event. In all cases, conviction on felony charges of resisting will result in imprisonment and fines. Some of the possible outcomes include:

• Baseline felony: Up to two years in prison, a fine of up to $2,000, or both
• Causing bodily injury: If medical attention is required, up to four years in prison, a fine of up to $5,000, or both
• Causing serious impairment: If the act causes a “serious impairment of a body function,” up to 15 years in prison and a fine of up to $10,000, with some variation
• Causing death: Up to 20 years in prison and a fine of up to $20,000

These penalties can be served consecutively, meaning the sentence for resisting can be added on top of the sentence for any other crime committed during the incident.

Can You Legally Resist an Unlawful Arrest in Michigan?

The right to resist an unlawful arrest is rooted in common law. Some states still allow it as a defense to resisting arrest, while others have abolished it in their criminal statutes.

In 2012, the Michigan Supreme Court ruled in People v. Moreno that the state’s resisting arrest statute did not abolish resisting unlawful arrest. The Court’s majority opinion centered on the phrase “performing his or her duties” as used in the resisting arrest statute. It held that an unlawful action, such as an illegal arrest or an unconstitutional search, is by definition outside the scope of an officer’s official duties. The prosecution must prove the arrest was lawful to get a conviction.

While this indicates that it’s possible to legally resist an unlawful arrest under Michigan state law, that doesn’t always mean it’s safe or wise to do so. Most criminal defense attorneys recommend not resisting, even if you believe the arrest itself is illegal. It’s best to let a defense lawyer handle establishing reasonable doubt around the lawfulness of the arrest.

Defenses Available for a Resisting Arrest Charge

If you’re facing a resisting arrest charge, it’s important to know what defense options might be available. What could work will vary by situation. Other possible defenses include:

• Police misconduct: As the Moreno court held, if an officer’s conduct is illegal, they aren’t performing their duties. For example, let’s say a police officer casually stops you, with no indication that you’ve committed a crime. They try to take your laptop bag and say they’re confiscating your laptop. You pull the bag away and hold onto it. If they have no warrant and no probable cause to believe the laptop is evidence of a crime, you could argue that you were lawfully resisting an illegal search and seizure.
• Excessive force: If an officer uses force that is not reasonably necessary to make an arrest, they are committing an assault. Using excessive force is a prime example of an unlawful act that negates an element of resisting arrest.
• Lack of communication: The defendant must know, or have reason to know, that the person they are resisting is a public officer performing their duties. If you were unaware or uncertain that the individual was an officer, your response might be considered reasonable. A plainclothes police officer driving an unmarked vehicle who doesn’t identify themselves can be construed as a threat and justify resisting arrest.
• Lack of physical force: If you do not use or threaten physical force, you can only be found guilty of obstruction for non-compliance if the prosecution proves the officer’s command was lawful. If the command was unlawful, your non-violent refusal is not a crime.

Get Legal Advice From a Michigan Criminal Defense Attorney

If you’re accused of a Michigan resisting arrest offense, getting legal advice from an experienced criminal defense attorney is a very good idea. A Michigan criminal defense lawyer can explain state and local ordinances and help you craft the best defense for your case.