Resisting Obstructing Assaulting Officer – A Minor Act With Huge Consequences
A very common crime that is charged when an individual is arrested is resisting obstructing assaulting officer. The one issue involved with resisting obstructing assaulting officer is that in order to be convicted very little action is needed. MCL ? 750.479 (resisting obstructing assaulting officer) reads as follows: ?A person shall not knowingly and willfully do any of the following [a]ssault, batter, wound, obstruct, or endanger? a police officer “acting in the performance of his or her [lawful] duties.”
Therefore, any intentional force, touching, pulling, or otherwise resisting a police officer?s attempt to arrest and/or detain an individual could be charged with resisting obstructing assaulting officer. Not only are the facts usually against an individual defendant in such a case, but so is the potential punishment. An individual convicted of resisting obstructing assaulting officer will have a felony on his or her record and can face up to 2 years in jail and/or a $2,000.00 fine. Moreover, probation will be ordered and a court, while on probation, will likely order other requirements.
Not only are the punishments for resisting obstructing assaulting officer fairly steep, but the statute also does not limit the prosecution from tacking on other crimes that were involved in the incident. Furthermore, if the incident involves bodily injury, serious impairment, or death the possible punishment increases, ranging from 5 years to a possible 20 years in jail respectfully.
Many courts take resisting obstructing assaulting officer seriously, along with the prosecution or the State. Make sure you have the right representation on your side whenever you are charged with resisting obstructing or assaulting officer. Josh Jones always has your back and is your Michigan Criminal Attorney.
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