Fleeing and Eluding, Resisting or Obstructing Police
The element of danger to law enforcement officers is always a concern when making traffic stops, acting upon warrant or effectuating an arrest. In Michigan, the laws which prohibit fleeing, eluding, assaulting, obstructing or endangering an office in the performance of his or her duties are all felony crimes which will require the services of a criminal defense lawyer.
A driver of a motor vehicle who fails to stop or obey the directions of a police officer can be charged with fleeing and eluding (MCL 750.479a).
| Fleeing, Failure to Obey Police Officer | Maximum Penalties in Michigan |
|---|---|
| First Degree (resulting in death) | 15 years imprisonment and/or $15,000 fine |
| Second Degree (resulting in serious injury) | 10 years imprisonment and/or $10,000 fine |
| Third Degree (resulting in an accident) | 5 years imprisonment and/or $5,000 fine |
| Fourth Degree (accident not required) | 2 years imprisonment and/or $2,000 fine |
While the above statute pertains to the use of a motor vehicle, another Michigan statute prohibits obstructive conduct or conduct which endangers and officer in the performance of duties known as the resisting and obstructing laws (MCL 750.479).
| Resisting and Obstructing | Maximum Penalties in Michigan |
|---|---|
| Resulting in death | 20 years and/or $20,000 fine |
| Resulting in serious injury | 10 years and/or $10,000 fine |
| Resulting in medical attention | 4 years and/or $5,000 fine |
| No injury or medical attention | 2 years and/or $2,000 fine |
Any temptation to run or drive off after being confronted by the police will only make matters worse. Fleeing, eluding or obstructing the police upon being arrested or stopped for a traffic ticket or drunk driving offense in Michigan will mean an additional felony charge for fleeing and eluding or obstructing the police. If an injury or death results to any individual, the charges are upped to felonies which can carry 10 to 15 years in prison.
The ABDO LAW FIRM encourages anyone charged with a misdemeanor or felony in Macomb, Oakland or Wayne County to retain a lawyer. Our misdemeanor and felony trained lawyers will formulate a realistic case strategy to get your case under control. In doing so, we may need to prepare for trial or seek a plea bargain for reduction of charges to avoid jail and harsh fines. We have had numerous charges of fleeing, eluding and obstruction reduced to misdemeanors or dismissed pursuant to MCL 771.1 and HYTA. Phone: 586-412-5555
Michigan Criminal Lawyer Blog - Fleeing, Eluding, Resisting, Obstructing
- Fleeing and Eluding, Resisting or Obstructing Police in Michigan Fleeing and eluding or resisting and obstructing the police are felony offenses in Michigan. The crux of these offenses is to discourage conduct that ....
