Being arrested in Michigan is no joke. You may think your arrest is unfounded and that you did nothing wrong. However, your behavior during an arrest could lead to additional charges, including resisting arrest.
What constitutes resisting arrest?
It is important to note that there is not a specific legal standard that indicates what it means to resist arrest. However, there are actions that are prohibited during the course of an arrest. Assaulting, physically harming or endangering the arresting officer is against the law and could be seen as resisting arrest.
Even lesser actions may constitute resisting arrest. For example, failing to follow the lawful demands of the arresting officers or interfering with the officer’s legal duties could be seen as resisting arrest. These acts can take place at any time following the arrest, not just in the course of the arrest itself.
What are some defenses to charges of resisting arrest?
However, there are defenses you may consider if you are charged with resisting arrest. One of these defenses is self-defense. In addition, if the arresting officer used unlawful excessive force, this may be a defense against charges of resisting arrest. Finally, per the law an arresting officer must identify themselves as an officer, whether they work for the Michigan police, a university or whether they are a conservation officer.
Resisting arrest charges are no laughing matter
Ultimately, this post is only a brief, broad overview of resisting arrest, and it does not contain legal advice. Those who are charged with resisting arrest in Michigan could face thousands of dollars in fines and years in prison. Thus, those charged with resisting arrest will want to ensure they seek the help necessary to develop a solid defense strategy.