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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!

Resisting Arrest Michigan Law

In 2012, a 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 in MI? Contact a Resisting Arrest Lawyer.

If you have been charged with violating this or any other law involving police officers, our team of resisting arrest attorneys has 30+ years of experience representing clients dealing with criminal cases. Get the legal representation you need today.

Contact our office by email or call toll free at (888) 461-7744.

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