Practice Area
Resisting Arrest Defense
Resisting arrest charges in Michigan are frequently added on top of whatever underlying offense prompted the stop or arrest. Police and prosecutors use them broadly, sometimes in situations where the defendant was simply frightened, confused, or reacting physically without any genuine intent to obstruct an officer. These are serious charges with real penalties, and they deserve a defense that examines both the legality of the underlying arrest and the specific conduct alleged to constitute “resistance.”
Michigan Resisting Arrest Charges We Handle
- Resisting and Obstructing a Police Officer: MCL 750.81d(1); felony, up to 2 years in prison and $2,000 fine
- Resisting Arrest Causing Injury to an Officer: MCL 750.81d(2)-(4); felony, up to 4 years (serious injury) or 15 years (death)
- Obstructing Justice: impeding a police investigation or legal process
- Fleeing and Eluding: MCL 750.479a; fleeing from police in a vehicle; felony escalating with speed and injury
- Assaulting a Police Officer: MCL 750.81d; elevated charge when offensive physical contact occurs
- Disarming a Police Officer: MCL 750.479b; attempting to take a weapon from an officer; felony up to 10 years
How Michigan Resisting Arrest Law Works
Michigan’s resisting and obstructing statute (MCL 750.81d) makes it a felony to assault, batter, wound, obstruct, resist, oppose, or endanger a police officer performing their lawful duties. This is notably broader than many people expect, “obstruct” includes verbal obstruction and passive physical non-compliance, not just active physical struggle. A person who goes limp, pulls away from an officer’s grip, or verbally refuses orders can potentially be charged under this statute.
Critically, Michigan law provides that a person has the right to use reasonable force to resist an unlawful arrest, but only if the officer’s conduct was unlawful. If the arrest itself was lawful, resistance is not legally justified regardless of whether you believed you were innocent. Whether the underlying arrest was constitutionally valid is therefore one of the most important questions in any resisting arrest defense.
Defense Strategies
Unlawful arrest: If the officer lacked probable cause or reasonable suspicion for the stop and arrest, the lawfulness of the underlying arrest is directly at issue. An unlawful arrest may provide a justification defense to the resisting charge.
Lack of intent: Many resisting arrest charges arise from reflexive physical reactions, pulling away instinctively, stumbling during a takedown, or tensing up. These involuntary reactions are not the intentional resistance the statute requires.
Excessive force: If the officer used excessive force, your physical response may be legally justified as self-defense. An officer’s use of unlawful force changes the legal analysis entirely.
Body camera and dashcam review: Video footage frequently shows a very different version of events than the police report describes. Obtaining and carefully reviewing all available footage, from all agencies present, is a priority in every resisting arrest case.
Witness testimony: Independent witnesses, bystander video, and emergency dispatch recordings often provide context that contradicts the officer’s account.
How Chris Approaches Resisting Arrest Cases
Resisting arrest charges are particularly susceptible to video evidence, and Chris requests all available body camera, dashcam, and surveillance footage immediately in every case. He scrutinizes the lawfulness of the underlying stop and arrest, because an unlawful predicate arrest changes the entire legal landscape. He also knows, from years on the bench, how judges weigh officer testimony against other evidence, and how to present a credible counter-narrative that gives his clients the best realistic chance at a favorable outcome.
Frequently Asked Questions
Is resisting arrest always a felony in Michigan?
Under MCL 750.81d, the base charge of resisting or obstructing a police officer is a felony carrying up to 2 years in prison. This makes Michigan’s resisting arrest statute more serious than many states, where a simple first offense is a misdemeanor. The charge escalates to higher felony levels if an officer is injured. The felony nature of even the basic charge means that a conviction has lasting consequences for employment, professional licensing, and your record.
Can I be charged with resisting arrest if I was never actually arrested?
Yes. The statute covers obstruction of officers in the performance of their duties, not just resistance during a formal arrest. Interfering with a police investigation, refusing to comply with a lawful order, or physically impeding an officer in any way can lead to charges even if you were not the original subject of any arrest. The key question is whether the officer was engaged in a lawful duty at the time of the alleged obstruction.
What if I was just trying to explain myself or ask questions?
Verbal obstruction can technically fall under the statute, but speech-based charges face significant constitutional scrutiny. You generally have the right to ask questions and to verbally assert your rights during a police encounter. The line between protected speech and unlawful obstruction is not always clear, and that ambiguity often works in a defendant’s favor when the charge rests entirely on what was said rather than any physical conduct.
Does it matter which police agency made the arrest?
It can. Ann Arbor Police, Washtenaw County Sheriff, Michigan State Police, and University of Michigan Police all operate in Washtenaw County, and each has different body camera policies, documentation standards, and training records. The evidentiary picture in a resisting arrest case depends heavily on what was captured on video and how the incident was documented. Chris reviews all available footage from every agency present to build the most accurate and complete picture of what actually happened.
Your first consultation is free and completely confidential. Call (734) 335-0810 or contact us online to speak directly with Chris.