Resisting and Obstructing Police Defense Attorney
Successfully and expertly defending Resisting and Obstructing charges in Michigan…When you have been accused of Resisting and Obstructing, call upon a top-rated criminal defense law firm that does not back down or cave in. We are not afraid to win.
As you might imagine, resisting and obstructing charges are taken very seriously by police, judges, and prosecutors, because the charge constitutes a direct challenge to the authority of the state, whether it is a simple failure to obey a command of a police officer, or is a physical confrontation with the police. What otherwise would be considered a 93-day misdemeanor simple assault and battery is escalated into a 2-year felony if the person assaulted, resisted or obstructed is an officer.
Because of the nature of these cases, they are often charged when there is no real basis for bring a charge to court. Overly aggressive prosecutors who see themselves as part of the “law enforcement team,” look for ways to charge these cases, as opposed to being fair and impartial. For instance, if you misunderstand a police officer or perhaps simply couldn’t hear what he or she said, you can be charged with a crime if the officer believes your failure to follow directions was intentional. If so, you want the best criminal attorney you can get, as the government will come after you with all they have. Before you talk to anyone about the case or do anything else, call Michigan’s Resisting and Obstructing defense firm, LEWIS & DICKSTEIN, P.L.L.C., for a free consultation regarding your situation.
What constitutes resisting and obstructing?
Resisting and obstructing is defined as assaulting, battering, wounding, resisting, obstructing, opposing, or endangering a person who you know or have reason to know is performing his or her duties as an officer.
Some definitions are helpful. A “person” can mean a police officer, a college police officer, a conservation officer, a constable, a sheriff deputy, a firefighter, an EMS employee, or an agent of the secret service or department of justice.
“Obstruct” includes the use or threatened use of physical interference or force or a knowing failure to comply with a lawful command.
Where most people believe that the charge requires an assault on an officer, this could not be further from the truth. Most of these cases involve allegations of failure to cooperate, providing false information, or interfering in an arrest. Other charges arise from situations where someone is being arrested or detained and react from pain inflicted by overly aggressive police officers. Natural and involuntary reactions, like pulling away from someone inflicting pain, will be interpreted as resisting arrest.
What are the penalties for resisting and obstructing?
- The basic charge is a 2-year felony plus a $2,000.00 fine, or both. Up to 5 years of probation may be imposed in Michigan for any felony conviction.
- If bodily injury to an officer results from the resisting and obstructing which requires medical attention or care then the penalty jumps to a 4-year felony plus a $5,000.00 fine, or both. Bodily injury is broadly defined and can even be charged in cases where the officer accidentally hurts him or herself.
- If serious impairment of a bodily function occurs to the officer from the resisting and obstructing, the penalty rises to a 15-year felony plus a $10,000.00 fine, or both.
- If death results from an alleged resisting and obstructing, the penalty is a 20-year felony and a $20,000.00 fine, or both.
As indicated above, prosecutors want to show the police they are on their side and are very tough on anyone they think gave the police a hard time, let alone injured them. They will rarely offer plea bargains and usually press for jail time. Judges, likewise, also want to show the police they support them, and have no problem sending people to jail in these cases, especially if there is any kind of alleged injury. The only thing standing between you and a prosecutor or judge seeking to impose a jail sentence is your lawyer.
There is hope! You can defend a Resisting and Obstructing Charge.
Resisting and obstructing cases are often charged based upon the slightest police allegations. Many times, these cases arise in circumstances where there may be a fight between two or more people, or there is a disturbance among several people, perhaps a loud one, and the police feel overwhelmed and a bit panicked. A person may be arrested for resisting and obstructing if a single shouted command is not heeded immediately. This is clearly not what the law was written to accomplish, and it is the way a savvy and experienced attorney can show the intent of the law was not violated, and the charges should be dismissed. Additionally, in the heat of an unruly event, many times a person may not even hear an order from the police due to the distracting circumstances. The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has decades of experience successfully defending clients charged with Resisting and Obstructing the Police.
Criminal Defense Law Firm for Resisting and Obstructing Charges
LEWIS & DICKSTEIN, P.L.L.C. attorneys have handled countless numbers of these cases over the decades, and we know exactly how to confront them. We presume our clients are innocent. Sadly, many attorneys do not. We will fight for you to prove to the judge, jury, and prosecutor that a charging mistake was made. We will leave no stone unturned and we are not afraid to win.
The dedicated, experienced and zealous defense attorneys at LEWIS & DICKSTEIN, P.L.L.C. have successfully represented thousands of clients on felony and misdemeanor charges in Oakland, Macomb, Wayne, Washtenaw, and Livingston Counties and throughout Michigan. We have a well-earned reputation for providing the highest quality defense and aggressive representation, while showing empathy and care for each client. Call us today at (248) 263-6800 or complete a Request for Assistance Form and we will contact you promptly.