If you are charged with Assaulting, Resisting, or Obstructing a Police Officer in Livonia, Michigan, you need the help of an experienced Livonia criminal defense attorney. I can provide you with nearly 20 years of experience and a willingness to fight and take cases to trial.
Assault / Resist / Obstruct Police Officer is a class G felony that carries up to 2 years in prison (24 months). If you are arrested and charged with Assaulting, Resisting, or Obstructing a Police Officer, your first court appearance will be an arraignment in the 16th District Court in Livonia, Michigan. Learn more about an arraignment now. At the arraignment, your case will be scheduled for a probable cause conference and a preliminary examination. Bond will also be addressed at the arraignment. The probable cause conference must be scheduled within 7 to 14 days of the arraignment with the preliminary examination scheduled within 5 to 7 days after the probable cause conference.
Following the preliminary examination, further proceedings are held in the Wayne County Circuit Court at the Frank Murphy Hall of Justice in downtown Detroit. If there is virtually any evidence supporting the prosecutor's case, it is extremely likely that the matter will be bound over in the district court. Nonetheless, I almost always challenge cases at the preliminary examination because it is the best opportunity that the defense is presented for challenging the evidence and developing the facts that will support defenses in the circuit court. DO NOT WAIVE THE PRELIMINARY EXAMINATION WITHOUT MAKING AN INFORMED DECISION.
The charge of Assaulting, Resisting, or Obstructing a Police Officer is detailed in the Michigan compiled laws, MCL 750.81d(1). The provisions of MCL 750.81d state:
(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.
Assaulting, Resisting, or Obstructing a Police Officer under Michigan sentencing guidelines is scored under crimes against a person (Person). Under the guidelines, a person who is convicted of Assault / Resist / Obstruct Police Officer with no prior record and no aggravating factors looks to the low end of the guidelines which call for up to 3 months. With no prior criminal record but horrible facts, the defendant can face 9 months. With a terrible criminal record and terrible facts, the accused can be looking at 23* months under the guidelines.
The jury instructions set forth the following elements for Assault / Resist / Obstruct Police Officer that must be proven beyond a reasonable doubt by the prosecuting attorney:
M Crim JI 13.1 Assaulting, Resisting, or Obstructing a Police Officer
(1) The defendant is charged with the crime of [assaulting / battering / wounding /
resisting / obstructing / opposing / endangering] a [state authorized person] who was performing [his / her] duties. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant [assaulted / battered / wounded / resisted / obstructed / opposed / endangered] a [state authorized person]. [Obstruct includes the use or threatened use of physical interference or force or a knowing failure to comply with a lawful command.] [The defendant must have actually resisted by what (he / she) said or did, but physical violence is not necessary.]
(3) Second, that the defendant knew or had reason to know that the person the defendant [assaulted / battered / wounded / resisted / obstructed / opposed / endangered] was a [state authorized person] performing [his / her] duties at the time.
[Use the following paragraphs as warranted by the charge and proofs.]
(4) Third, that such [assaulting / battering / wounding / resisting / obstructing / opposing / endangering] caused the death of the officer.
(5) Third, that such [assaulting / battering / wounding / resisting / obstructing / opposing / endangering] caused serious impairment of a body function to the officer.
(6) Third, that such [assaulting / battering / wounding / resisting / obstructing / opposing / endangering] caused a bodily injury requiring medical attention or medical care to the officer.
I can't emphasize enough how important it is to focus on the jury instructions while preparing a defense to the offense of Assaulting, Resisting, or Obstructing a Police Officer. While there are a number of defenses to Assault / Resist / Obstruct Police Officer that we can explore during a consultation, the elements contained in M Crim JI 13.1 provide a roadmap for defending the case. This is true in almost every single case, and really great defense attorneys focus early on these jury instructions.
As a cautionary note, you might be completely innocent but still face criminal charges. Even worse, you might be denied bail, forced to spend months in jail before you are vindicated. I have seen many cases where a truly innocent client is baffled, angry and scared, completely unable to understand why police and prosecutors are gunning to get a conviction. So long as probable cause is established at the preliminary examination, then the matter will be bound over for trial in the 3rd Circuit Court for the County of Wayne and further proceedings will be held in the Frank Murphy Hall of Justice in downtown Detroit. This is why it is so important that you contact an experienced Livonia criminal defense attorney to help you defend against criminal charges in the 16th District Court.
*represents an aberration under the guidelines that might result in county jail time or violate the 2/3rd maximum minimum rules under the guidelines, which is something that must be discussed with your attorney.