Resisting Arrest

Resisting or opposing arrest can be charged as either a Felony or Misdemeanor in the State of Michigan.

Resisting Arrest is a group of crimes, not just a single crime.  The Michigan Resisting Arrest laws are contained in both the State Penal Code as well as in local City, Township, and Village Ordinances.  The Michigan Penal Code is MCL 750.81d. (See below)

Felony Resisting

The Felony Michigan Resisting Arrest charge can carry up to 2 years in Prison for a conviction where no injury or death to an Officer is alleged.  

The newer State Resisting Arrest law, MCL 750.81d, includes a range of conduct, including: 

Assault, Battering, Wounding, Resisting, Obstructing, Opposing, or Endangering a Police Officer.  This is why Michigan Resisting Arrest charges are known by many different names, including: R and O, Resisting Arrest, Resisting and Obstructing a Police Officer, resisting a Police Officer, Assault on a Police Officer, Assaulting a Police Officer, and others.  They all fall under the same Michigan Resisting Arrest 2year Felony.

Further, obstructing a Police Officer includes “knowing failure to comply with a lawful command.”  If you are charged under State law, the charge is most commonly called just “Resisting and Obstructing,” or “R and O.”  But these State statutes in the Penal Code are not the only ones.

Misdemeanors

Every City, Township, and Village including the City of Ann Arbor, has the authority, through its governing body (i.e. City Council), to enact a Code of Ordinances, which usually includes a chapter containing Criminal Offenses.  These “Ordinance Violations” usually contain a Michigan resisting arrest offense.  These are treated just like any other Criminal case, however, they can ONLY be Misdemeanors, and the maximum penalty is different for each City, but cannot exceed 1 year because these local municipalities can only enact Misdemeanors and not Felonies.  

If you are facing a Michigan Resisting Arrest crime, look at your paperwork to see if the case caption says “State of Michigan v. [You]” or City/Township/Village of _______ v. [You].

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.81d Assaulting, battering, resisting, obstructing, opposing person performing duty; felony; penalty; other violations; consecutive terms; definitions.

Sec. 81d.

(1) Except as provided in subsections (2), (3), and (4), an individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

(2) An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing a bodily injury requiring medical attention or medical care to that person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.

(3) An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing a serious impairment of a body function of that person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.

(4) An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing the death of that person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both.

(5) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.

(6) A term of imprisonment imposed for a violation of this section may run consecutively to any term of imprisonment imposed for another violation arising from the same transaction.

(7) As used in this section:

(a) “Obstruct” includes the use or threatened use of physical interference or force or a knowing failure to comply with a lawful command.

(b) “Person” means any of the following:

(i) A police officer of this state or of a political subdivision of this state including, but not limited to, a motor carrier officer or capitol security officer of the department of state police.

(ii) A police officer of a junior college, college, or university who is authorized by the governing board of that junior college, college, or university to enforce state law and the rules and ordinances of that junior college, college, or university.

(iii) A conservation officer of the department of natural resources or the department of environmental quality.

(iv) A conservation officer of the United States department of the interior.

(v) A sheriff or deputy sheriff.

(vi) A constable.

(vii) A peace officer of a duly authorized police agency of the United States, including, but not limited to, an agent of the secret service or department of justice.

(viii) A firefighter.

(ix) Any emergency medical service personnel described in section 20950 of the public health code, 1978 PA 368, MCL 333.20950.

(x) An individual engaged in a search and rescue operation as that term is defined in section 50c.

(c) “Serious impairment of a body function” means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.