Kalamazoo Resisting Arrest Lawyers

Consequences of Resisting Arrest in Michigan

Facing charges for resisting obstructing an officer? You do not have to face these accusations on your own. At Willis Law, our Kalamazoo resisting arrest attorneys are here to represent your case. According to Michigan law, it is a 2-year felony to "assault, batter, wound, resist, obstruct, oppose or endanger" a police officer, firefighter, paramedic or other first responder, so long as the person knew or had reason to know that person was performing their duties at the time. This charge can also be considered an attempt at the crime, reducing to a 1-year misdemeanor.

The Michigan Supreme Court decided that the resisting and obstructing statute "did not abrogate the common-law right to resist illegal police conduct, including unlawful arrests and unlawful entries into constitutionally protected areas" (People v. Moreno, 2012 Mich. LEXIS 463, decided April 20, 2012). This means that, despite the wording of the law, individuals might have a defense to the charge of resisting and obstructing, if it can be shown that the police were not acting lawfully at the time.

Discuss your specific circumstances with our Kalamazoo resisting attorney in a free consultation now!