Felony Charges for Resisting or Obstructing and/or Fleeing and Eluding

February 5, 2013

clint 1.jpg

Far too often when we are retained for a criminal case, domestic violence, assault crime or drunk driving, a client is also charged with one of the following Michigan felony cases:

These crimes consistently are listed in the top 50 felony cases in Michigan.

Even a simple traffic stop, retail fraud or possession of marijuana offense can lead to egregious consequences when someone attempts to escape or engage in a struggle with the police. Unfortunately, the police may charge a person with resisting or obstruction when they misread the conduct of a person. This is sometimes the case when a person makes abrupt physical movements during an arrest which are interpreted as obstructive or assaultive conduct.

The State of Michigan classifies all resisting or obstruction and fleeing and eluding crimes as felonies! The penalties for conduct which qualifies as resisting, obstructing, assaulting, fleeing or eluding the police are classified according to seriousness of the crime. The seriousness of the crime will depend upon whether an injury or death has occurred.

Maximum Michigan Criminal Penalties for Resisting and Obstructing

  • No injury or death: 2 years or a fine of not more than $2,000.00, or both.
  • Bodily injury requiring medical attention or care: 4 years or a fine of not more than $5,000.00, or both.
  • Serious impairment of a body function: 10 years or a fine of not more than $10,000.00, or both.
  • Causes the death of an individual: 20 years or a fine of not more than $20,000.00, or both.

Maximum Michigan Criminal Penalties for Fleeing and Eluding

In addition to suspension or revocation of the driver license of a person convicted of fleeing and eluding, the following criminal penalties apply:

  • Fourth Degree: No injury or death: 2 years or a fine of not more than $2,000.00, or both.
  • Third Degree: 5 years or a fine of not more than $5,000.00, or both, if 1 or more of the following circumstances apply:
  • the violation results in a collision or accident, the violation occurred in an area where the speed limit is 35 miles an hour or less or the individual has a prior conviction for 4th degree fleeing and eluding, including attempt.
  • Second Degree: 10 years or a fine of not more than $10,000.00, or both, if 1 or more of the following circumstances apply: the violation results in serious impairment of a body function, or the individual has 1 or more prior convictions for 1st, 2nd or 3rd degree fleeing and eluding, including attempt.
  • First Degree: If the violation results in the death of another individual, 15 years or a fine of not more than $15,000.00, or both.

How to Respond when Confronted By the Police

When the police respond to a 9-1-1 call, pull over a motor vehicle or are acting upon a warrant for an arrest, they are placed in a potentially risky situation. The immediate goal of law enforcement officers is to secure the location by identifying parties that pose a threat or need to be isolated until witness statements can be obtained. The police are not involved in the "guilt or innocence" aspects of the case at this junction. For this reason, if you are confronted by the police, try to remain calm to avoid misunderstandings and confusion that could be construed as obstructive. As criminal defense lawyers, we have found that rational, polite, cooperative conduct can act in favor of someone facing criminal charges. By cooperation, I do not mean that you should "spill the beans". Keep in mind that aside from providing identification, a person does not have to make any statements and has an absolute right to remain silent. You Tube Video Link: Don't Talk to the Police. It is the job of a criminal defense lawyer to obtain the police reports, do an investigation and prepare a defense strategy for a client charged with a crime such as fleeing, eluding, resisting or obstructing.

What Factors Do Attorneys Consider When Defending Someone Charged With Resisting, Obstructing, Fleeing and Eluding?

When a client is charged with resisting or obstruction and/or fleeing and eluding, our first concern is whether anyone was injured. Assuming an injury did not occur, negotiations can usually go smoothly and our goal is to resolve the case by avoiding a felony conviction. Negotiations are much more complex when a law enforcement officer or our client sustains an injury. When a client is injured, he or she may be contemplating a civil lawsuit against the police or filing an internal complaint with the police department. Civil litigation will invariably lead the government to avoid plea bargaining as it will aggressively attempt to protect itself from damages and protect the integrity of the law enforcement agency involved. Since these scenarios will usually thwart any attempt to seek an amicable resolution of the case, the advice of a skilled criminal defense lawyer and a personal injury lawyer are crucial!