Resisting Police Officer Can Happen in Many Ways
You Need The Help of an Exceptional Criminal Law Defense Firm to Answer Your Questions and Protect You Against Charges.
Resisting police officer is an easy offense to be accused of committing. MCL 750.81d prohibits the assaulting, wounding, resisting, obstructing, opposing or endangering a person who the individual knows is performing his or her duties. This offense can be a 2 year felony and the penalties get more serious is there is injury or death to the person performing his or her duties. If a person is being difficult at a traffic stop that can be considered obstructing or opposing a police officer. A reading of the statute shows the legislature was very careful to define exactly who the statute applies to.
In the recently decided case of People v Ryan Scott Feeley, the Michigan Court of Appeals up held the denial of a circuit court’s affirmation of a district court’s denial of a bindover request. The reason for the denial was that the failure to comply with a command of a reserve police officer was not a violation of the statute. The Legislature did not specify a reserve police officer in the definition of whose lawful orders must be obeyed to avoid criminal charges. If the Legislature had wanted the statute to apply to reserve police officers is would have provided for them, just as it did for university police officers, sheriff deputies and federal conservation officers.
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