In Michigan, resisting, obstructing, assaulting or endangering an officer in the performance of his or her duties is a felony. In addition to facing prison, there are various legal and personal ramifications when a person is convicted of a felony. Pursuant to state and federal laws, a person convicted of a felony cannot possess a firearm. The legal terms (resisting, obstructing, assaulting, endangering) are construed broadly.
For example:
“Obstruct” includes the use or threatened use of physical interference or force or a knowing failure to comply with a lawful command.
This is a powerful statute, whereby borderline misconduct (such as slight resistance, failure to obey a lawful command or inappropriate physical contact with a police officer) can constitute a felony! Even conduct by an individual that is believed to be within lawful boundaries may be misinterpreted by an oversensitive law enforcement officer as “obstructive”.
Penalties for Resisting, Obstructing, Assaulting, Endangering a Police OfficerThe penalties in Michigan (MCL 750.479) for resisting, obstructing, assaulting or endangering an officer in the performance of duties are:
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 |
Encounters with the police are inevitable. In fact, I would say that police encounters are more probable after 9-11-2001. A police encounter can occur in situations where you have not done anything wrong. For example, a person may fit the description of someone that is accused of a crime or because a neighbor has reported something to the police. When a police confrontation occurs, even if it is unfounded, it is far better to cooperate than to get charged with a felony for resisting and obstructing. By cooperating, I do not mean that you should make incriminating statements or allow a search without a warrant. First of all, everyone should know their personal rights. In addition, ABDO LAW recommends having a plan prior to a police confrontation:
Retaining a criminal defense lawyer should be first priority if you are an adult or juvenile accused of any misdemeanor or felony. Fortunately, legal entanglements are often manageable. Being charged with a felony does not necessarily mean that you will go to jail or be convicted of a felony. In our experience, most first time offenders, including those with a limited past record, may be entitled to a plea bargain to a misdemeanor with probation, not jail. Youthful offenders (age 18 but before age 26) may be entitled to HYTA status to get a dismissal and the record sealed.
ABDO LAW, established in Macomb County in 1980, provides unrivaled legal services to those that seek highly rated criminal defense lawyers. We believe that every client has a unique situation and deserves to be treated with respect and dedication to achieve the best possible result in the Michigan court system. In our 35 years of practicing criminal law, we have amassed 1,000’s of legal victories in every type of criminal matter.
It takes only one phone call to get immediate answers to your most pressing legal questions. Call ABDO LAW for personal and confidential advice from attorneys that have achieved AVVO’s highest rating of Superb and Martindale Hubbell’s Preeminent rating for legal ability and ethical standards by members of the bar and judiciary.
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