Resisting and Obstructing a Police Officer in Michigan

It happened fast. An officer gave an order, you pulled your arm back, or you didn't move when you were told to. Maybe you never touched anyone. Now the paperwork says "resisting and obstructing," and you're finding out it's a felony.

In Michigan, resisting and obstructing a police officer is charged far more often than people expect, and it's frequently added on top of whatever the stop was about in the first place. The charge covers more than fighting an officer. It can include pulling away, refusing a lawful command, or giving false information. If you or someone you love is facing this charge, our criminal defense practice can help you understand what the prosecution has to prove.

What the law covers

The main statute is MCL 750.81d. It makes it a crime to assault, batter, wound, resist, obstruct, oppose, or endanger a person you know, or have reason to know, is performing their duties.

Two parts of that definition surprise people:

• It isn't only police. The statute also protects firefighters, emergency medical personnel, conservation officers, and other officials performing their duties.
• "Obstruct" is broad. Under the statute, obstructing includes using or threatening physical interference, and also knowingly failing to comply with a lawful command. Not every case involves a struggle. Refusing to follow a lawful order can be enough to support the charge.

The prosecution still has to prove each element, including that you knew or had reason to know the person was an officer performing their duties, and that the command you're accused of ignoring was lawful.

Why it's usually a felony

Many people assume resisting arrest is a minor offense. In Michigan, the basic version under MCL 750.81d is a felony.

The penalties increase with the harm involved:

• Resisting or obstructing: up to 2 years in prison and/or a fine of up to $2,000.
• Causing bodily injury requiring medical attention: up to 4 years and/or up to $5,000.
• Causing serious impairment of a body function: up to 15 years and/or up to $10,000.
• Causing death: up to 20 years and/or up to $20,000.

These are maximums, not what most people receive, and the actual outcome depends heavily on the facts, your record, and how the case is handled. But a felony conviction carries consequences that last well beyond any sentence. Our post on collateral consequences of a Michigan conviction explains what can follow you.

Some Michigan cities and townships also have local ordinances that treat lesser versions of this conduct as misdemeanors, which matters when there's room to negotiate how the case is charged.

How these charges usually start

Resisting and obstructing rarely happens in a vacuum. It usually comes attached to something else:

• A traffic stop that escalated
• An OWI arrest where someone didn't want to get out of the car or take a test
• A domestic call where emotions were already high
• A bar fight or crowd situation where the officer arrived mid-conflict
• Someone stepping in during a friend's or family member's arrest
• Giving a false name or running from an officer

Because it's often stacked onto another charge, it can raise the stakes of a case that started as a misdemeanor. If the underlying stop involved a search, our posts on when police can search your car and whether you have to talk to the police cover rights that often come up in the same case.

The lawfulness question: People v. Moreno

In 2012, the Michigan Supreme Court decided People v. Moreno, a case that still shapes these charges. Officers entered Angel Moreno's home without a warrant, a struggle followed, and he was charged under MCL 750.81d. The Court held that the statute did not take away the long-standing common-law right to resist unlawful police conduct, such as an illegal arrest or an unlawful entry into a home. The charges in that case were ordered dismissed.

In practical terms, that means the lawfulness of what the officers were doing can be a central issue. If the arrest, entry, or command wasn't lawful, that can be a defense.

This needs a clear warning. Moreno is a defense raised in court, after the fact. It is not advice to resist an officer on the street. Whether police conduct was lawful is often a close legal question that judges spend months deciding, and physically resisting can lead to injuries, more serious charges, and a much harder case. The safer path is almost always to comply, stay quiet, and challenge the officers' conduct later through a lawyer.

Defenses that may apply

Every case turns on its facts, but common defense issues include:

• The officer's conduct wasn't lawful. An unlawful arrest, entry, or command can undercut the charge under Moreno.
• You didn't know, and had no reason to know, the person was an officer performing their duties, such as a plainclothes officer who didn't identify themselves.
• What you did wasn't resisting or obstructing. Flinching, asking questions, or a delayed reaction isn't automatically a crime. The details of what happened, second by second, matter.
• The evidence doesn't match the report. Body camera footage, dash cam video, bystander recordings, and 911 audio can tell a different story than the police report.
• Self-defense against excessive force may be an issue in some cases, depending on the facts.

Because so much depends on video, it's important to move quickly. Some recordings are kept only for a limited time unless someone asks for them to be preserved.

Common mistakes after a resisting charge

Treating it as the minor charge. People focus on the OWI or the original offense and assume the resisting charge will go away. It's often the more serious count.

Explaining your side to the officers. Anything you say after the arrest can be used to fill gaps in the prosecution's case.

Posting about it. Social media posts about the arrest, the officers, or what "really happened" can become evidence.

Waiting to get video. Footage that could help you may not exist forever.

Missing court dates. A missed date can lead to a bench warrant. Our guide to what happens at a Michigan arraignment explains the first steps.

Questions we hear often

Is resisting arrest a felony in Michigan? The charge under MCL 750.81d is a felony, with a maximum of 2 years for the basic offense and more if someone is injured. Some local ordinances cover lesser conduct as a misdemeanor.

Can I be charged if I never touched the officer? Yes. Knowingly failing to comply with a lawful command can count as obstructing. Whether the command was lawful, and whether you actually refused, are questions to examine closely.

What if the arrest was illegal? Under People v. Moreno, the lawfulness of the officers' conduct can be a defense. That's an issue to raise in court with counsel, not a reason to resist in the moment.

Can the charge be reduced? Sometimes. Depending on the facts and your record, a resisting charge may be negotiated, reduced to a misdemeanor, or dismissed. Our post on whether to take a plea deal in Michigan covers how to weigh an offer.

When to call ELN

Call us as soon as you're charged, or if you think a charge is coming. The early days are when video and witness information are easiest to secure, and when how you handle the case can shape what follows. We'll review what happened, look at whether the officers' conduct was lawful, and walk you through your options.

Facing a resisting and obstructing charge? Schedule a consultation or visit our criminal defense practice.

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