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What Is Considered Resisting Arrest Under Michigan Law?

People are often quite surprised to learn what is considered resisting arrest under Michigan law. So, when you think of the classic example of a police officer who has interviewed you or stopped you at a traffic stop and determined that they have what they need to arrest you, they go to arrest you, and you run away, that’s obviously resisting. If an officer goes to arrest you and you physically attack them to hinder their ability to arrest you, that’s resisting and obstructing. So, those things are very intuitive, but it goes much further. If you look into the language of the Michigan statute, it says verbatim, even the slightest tensing of any muscle can be construed as resisting and obstructing arrest. So, if an officer goes to put handcuffs on you and the slightest tensing of any of your muscles occurs, you could be charged with a felony of resisting and obstructing.

In some instances, the charges have been that ridiculous. The language, the slightest tensing, is extremely counterintuitive because most of us have never been arrested before, and if we are, it’s no doubt going to be one of the most anxiety-inducing experiences of our lives. So, to think that one of our muscles may have tightened slightly and that could land us in hot water with its separate felony charges is, in many cases, completely unbelievable. Still, it is a fact of the matter in Michigan. For example, suppose you are charged with resisting and obstructing. In that case, the prosecutor’s office will be taking you very seriously, and they will seek some of the harshest penalties available for that crime. So, it’s vital that as ridiculous as it can be, you need to hire an attorney who can navigate the waters of resisting and obstructing charges. At Vuckovich Legal, we’ve been able to get that particular charge dismissed with some regularity.

What Is The Penalty For Conviction On A Resisting Arrest Charge?

Resisting and obstructing can be charged in multiple ways in Michigan. But if you were arrested for a crime and you are being charged with resisting and obstructing in addition to that crime, there is a good chance that they are charging you with the felony variety of resisting and obstructing. This is because that has been the course of conduct in Lansing and the surrounding areas for the last couple of decades. Thusly, the penalties can be very severe. You can do jail time for resisting and obstructing, and you can do prison time for resisting and obstructing, especially if you have been convicted of it in the past. If it’s your second offense resisting and obstructing, you are in for even a steeper uphill battle, and it becomes even more critical to have an attorney who knows the ins and outs of this type of charge in Lansing and the surrounding areas.

For more information on Resisting & Obstructing Arrest Charges, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (517) 409-1177 today.

Andrew Vuckovich

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