Resisting, Obstructing, or Assaulting the Police
The crime called, Resisting and Obstructing a Police Officer, prohibits a wide variety of conduct. Some officers charge people with this offense to justify misconduct.
Because police officers can easily claim that a person interfered while they were performing their law enforcement duties, charges are issued in some cases based on little to no evidence.
What is Resisting and Obstructing a Police Officer?
In plain language, resisting and obstructing a police officer means you have allegedly done something to make the police officer’s job more difficult to do. It can range from arguing with the officer to fighting with the officer to running from the officer. The police officer, being at the scene, is the judge of whether or not he/she was resisted or obstructed in doing his/her duties.
The resisting and obstructing a police officer statute was challenged in People v Jay Bradley Morris. Mr. Morris challenged the constitutionality of the resisting and obstructing statute as being overbroad and vague. The defense argued that the law was vague and overbroad because almost any conduct that distracts an officer while he is working could be criminal under this law. The Michigan Court of Appeals disagreed. The court ruled that the terms of the statute are clear and unambiguous. Furthermore, the court ruled that the Legislature intended the statute to encompass all duties performed by a police officer.
The court determined that a person of ordinary intelligence would know that an individual using some form of force or interference to prevent a police officer from performing his or her law enforcement activities.
The ruling by the Court of Appeals means that the statute can be broadly interpreted by a police officer to bring charges against a person for doing vitally anything the officer doesn’t like. It is important to have an attorney that can credibly argue that the officer was not performing his or her law enforcement activities or that the Defendant did not meaningfully interfere with the officer. Unfortunately, the vagueness of the statute allows disreputable officers to protect themselves from misconduct or in cases where they just want to give someone a hard time.
How can I defend against a Resisting and Obstructing the Police charge?
LEWIS & DICKSTEIN, P.L.L.C. is the criminal law firm to protect you against all criminal offenses, including resisting and obstructing a police officer.
The law against resisting and obstructing a police officer is designed to try and make a police officer’s job easier and safer. That is reasonable; however, there are police officers that take advantage of the protection that law offers them. It is not unusual for a police officer to charge a mentally ill person for resisting even if that person did not even realize what he/she is doing. Abuse of criminal charges is not fair and contrary to the law. Because some officers charge people with Resisting and Obstructing improperly, you must have the best legal help available. Our attorneys can defend improper, exaggerated, and untruthful allegations aggressively so that you have the best chance to win.
Experienced Defense Lawyers for Resisting and Obstructing Charges
The law firm of LEWIS & DICKSTEIN, P.L.L.C. exclusively practices and focuses on the defense of felony and misdemeanor charges in state, local and federal courts. That is why our team of defense lawyers has an unparalleled track record of success. The firm’s attorneys have decades of successful experience in representing people charged with Resisting and Obstructing a Police Officer. The firm’s attorneys are also award-winning and well respected by their peers, judges, and prosecutors.
Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.