Kalamazoo Resisting Arrest Defense Lawyers
Police have a difficult job ensuring that our communities are safe. Because of this, officers have been given a lot of authority; sometimes too much. However, the laws regarding the authority of police keep changing.
In Michigan, it is a two-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. MCL 750.81D1.
Sometimes this is charged as an attempt of this crime (i.e., attempted resisting/obstructing a police officer), making it a one-year misdemeanor. "Obstruct" can include a knowing failure to comply with a lawful command. So this means that not doing what an officer told you to do can result in a felony charge!
However, the Michigan Supreme Court recently 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.
This change in the law might help you. To discuss your specific circumstances, please contact our attorneys by email or call toll free at 888-635-3824. From offices in Kalamazoo, Paw Paw and Grand Rapids, we represent clients throughout West Michigan.
New Michigan Law
Also, as of July 2012, a new law went into effect in Michigan (MCL 750.479c), making it a crime to knowingly:
- Conceal from police any material fact in a criminal investigation
- Make any statement to a police officer that a person knows is false or misleading in a criminal investigation
If the criminal investigation involved a misdemeanor, a violation of this law would be a misdemeanor; if the criminal investigation involved a felony, a violation of this law would also be a felony. How this new law interacts with every person's right to free speech is yet to be determined.
Charged With Resisting Arrest? Contact a Police Assault Defense Lawyer.
If you have been charged with violating this or any other law involving police officers, please contact our office by email or call toll free at (888) 461-7744. From offices in Kalamazoo, Paw Paw and Grand Rapids, we represent clients throughout West Michigan.