Assaulting, Resisting, or Obstructing Charges in Michigan
Resisting and Obstructing
In Michigan, an Assaulting, Resisting, or Obstructing charge is a very serious felony charge that often commands prison time under particular circumstance. Commonly known as Resisting and Obstructing, or R and O (“R&O”), a Michigan Resisting and Obstructing charge can be met with a number of different varieties of action.
(Related: Minor In Possession)
The statute, MCL 750.81d(1), states that a person can be guilty of this offense for assaulting, battering, wounding, resisting, obstructing, opposing, or endangering a person who the individual knows or has reason to know is performing his or her duties. Most commonly , this applies to police officers carrying out his or her duties in Resisting and Obstructing charges.
(Related: Domestic Violence)
In Michigan, citizens have been accused of and arrested for Resisting and Obstructing for “refusing to relax” or tightening up while police are touching and maneuvering them around during a traffic stop investigation, or questioning the officer versus strictly obeying. A Michigan Resisting and Obstructing charge is a serious felony charge than can arise even though you haven’t done anything “wrong”. Typically, misdemeanor offenses require more wrongful conduct on the part of the citizen than in the case of Resisting and Obstructing.
Previously, under Michigan law Resisting and Obstructing was a misdemeanor charge. Where the accusation was that a Michigan citizen had resisted arrest, contingent on the lawfulness of the officer’s reason for arrest, the Michigan legislature expanded the law in 2002 so that the officer’s command is not even required to be lawful.
This was amended as a result of an attempt by the Michigan Supreme Court in the case of People v. Vasquez to protect the rights of individuals attempting to shield themselves against police brutality and harassment.
(Related: DUI Second Offense)
Resisting and Obstructing is a serious charge that carries a two year sentence in state prison. Furthermore, a Resisting and Obstructing charge that results in the death of an officer can lead to imprisonment for up to 20 years.
(Related: DUI First Offense)
A felony conviction will give you a permanent criminal record that can be devastating to your future. If you or someone you love has been charged with a Resisting and Obstructing, it is imperative that you act swiftly and secure representation from a quality Oakland County criminal defense attorney. At Rudoi Law, we know how to fight Resisting and Obstructing charges. We will present the serious, aggressive defense you need. Our experience with the local legal environment can help us define a legal strategy that works best for you and your need for a fair and fast resolution.