Michigan Resisting and Obstructing Lawyer

A resisting and obstructing charge in Michigan is a felony, even when no one got hurt. These charges often come down to a few seconds of confusion during a tense encounter, and the officer’s report doesn’t always match what really happened.

I’m Christopher Brown, a Michigan criminal defense attorney and former Detroit police officer. I know how officers are trained to handle these encounters and how they write them up afterward, and I can speak with them officer to officer when it counts. That insider view helps me find the gaps between the report and the video.

What Is Resisting and Obstructing in Michigan?

Michigan’s resisting and obstructing law is MCL 750.81d. It makes it a felony to assault, batter, wound, resist, obstruct, oppose or endanger a police officer you know, or have reason to know, is performing their duties. The law also covers firefighters, EMS personnel and certain other officers.

To convict you, the prosecutor must prove that:

1. You resisted, obstructed, opposed or assaulted an officer, or did one of the other listed acts.
2. You knew or had reason to know the person was an officer performing their duties.
3. The officer was acting lawfully: making a lawful arrest, giving a lawful command or doing another lawful act.

What Counts as “Obstructing”?

“Obstructing” is broader than most people expect. It includes physical interference, threatening force, and a knowing failure to comply with a lawful command.

Words alone usually are not enough. Michigan courts have held that failing to comply requires some physical refusal, not just arguing or disagreeing with the officer. Calmly saying “I don’t agree” or “I want a lawyer” is not obstruction.

Common Situations That Lead to Resisting and Obstructing Charges

Police respond to a call and have a duty to investigate. When an officer tells you that you are being detained, you are not free to leave. In my practice, most resisting and obstructing charges come from a handful of situations:

• Walking away or trying to run after an officer says you are being detained.
• Tensing up or pulling away when being handcuffed, or protesting physically after being told you are under arrest.
• Injury or mobility problems. A person with a bad shoulder, back or knee may stiffen up out of fear of being hurt, and the officer treats it as resisting. If you have a physical limitation or health condition, tell the officer right away so the officer doesn’t misunderstand it.

Prosecutors often add this charge on top of another one, such as drunk driving, domestic violence or fleeing and eluding.

“Stop Resisting”: What the Video Often Shows

Officers learn to loudly shout “Stop resisting!” when they believe a person is being obstructive. Those words end up on the body camera and in the report. But an officer yelling “stop resisting” does not mean the person was actually resisting. Many times the audio and video tell a very different story. I review every second of body-cam and dash-cam footage, because what the camera shows often doesn’t match what the report says.

Michigan Resisting and Obstructing Penalties

These are maximums, not predictions. The court can also order a resisting and obstructing sentence to run back to back (consecutively) with a sentence for another charge from the same incident.

Was the Officer Acting Lawfully?

The lawfulness of the officer’s actions is a key defense. In People v. Moreno (2012), the Michigan Supreme Court held that Michigan still recognizes the right to resist an unlawful arrest or an unlawful entry into a home. The prosecutor must prove the officer acted lawfully.

That is a defense for the courtroom, not a strategy for the street. Deciding on the spot that an officer is acting illegally, and physically resisting, can lead to injury and more charges. Comply at the scene and challenge the case in court.

How We Defend Michigan Resisting and Obstructing Charges

We look closely at every part of the encounter:

• The stop or detention: what was the legal basis, and when did it begin?
• The arrest: was there probable cause or a warrant?
• Entry into a home: was there a warrant, valid consent or a legal exception?
• The command: what exactly did the officer say, was it clear, and was it lawful?
• Timing: what happened right before and after the alleged resistance?
• The evidence: body-cam and dash-cam video, dispatch records, 911 calls and witnesses.

Mitigation and Favorable Resolutions

Many resisting and obstructing charges happen during a mental health crisis, while someone is injured, or while they are under the influence of drugs or alcohol. Those circumstances don’t excuse the conduct. But when we fully explain them to the prosecutor and the court, they often lead to a much better outcome. Depending on the case, that can include:

• HYTA for eligible young adults
• A 7411 deferral when the case also involves a first drug possession charge
• A delayed sentence under MCL 771.1, where you earn an agreed-upon result, such as a reduction to a misdemeanor or even a dismissal
• A plea agreement reducing the felony to a misdemeanor

Why the Officer’s Input Matters

In many resisting and obstructing cases, the prosecutor wants to hear from the officer before agreeing to a reduction. When appropriate, I contact the officer directly. As a former Detroit police officer, I can speak their language, put the situation into perspective, and give my client the best chance at a good resolution.

When an Officer Is Injured

Cases where an officer was hurt are the most difficult to resolve short of trial. The penalties are higher, and prosecutors are far less willing to negotiate. These cases need early, careful investigation of the video, the medical records and the officer’s own conduct.

How to Avoid a Resisting and Obstructing Charge

• Don’t pull away, push, run or block an officer, even if you believe the officer is wrong.
• Keep your hands visible and tell the officer before you reach for anything.
• Object with words, not actions. You can say “I do not consent” or “I want to speak with a lawyer.”
• Ask if you are free to leave. If the answer is no, stay put.
• Tell the officer about any injury or physical limitation right away.
• Don’t step between an officer and someone else being arrested. If you’re recording, keep your distance and follow reasonable scene-safety directions.
• Save the argument for court. Write down names, badge numbers and witnesses afterward.

For more, see our guides on what to do if police want to question you and handling a police encounter when you’re carrying a gun.

Resisting and Obstructing Case Results

Felony Resisting and Obstructing Dismissed on a Motion to Quash — Taylor

Taylor police responded to a home after a report of a domestic altercation. Our client was a visitor in the home and wasn’t involved. Officers quickly detained the two people involved in the altercation. Our client didn’t want to give a statement, so he walked away. Officers grabbed him, he kept walking, and they took him to the ground and charged him with resisting and obstructing an officer, a felony. After reviewing all the evidence, we determined that once police had detained the people involved, they had no lawful reason to detain our client. He had no obligation to speak with police, and he had the right to go about his business. The district court bound the case over after the preliminary exam, so we filed a motion to quash in circuit court. The circuit court found that the district court had abused its discretion and dismissed the case.

23rd District Court and Third Circuit Court — Taylor, Wayne County

Resisting and Obstructing Charges Dismissed After a Prolonged Bicycle Stop — Eastpointe

Our client, who was already on probation in another court for resisting and obstructing an officer, was stopped while riding his bicycle at dusk without a headlamp. He was charged with two counts of resisting and obstructing a police officer and possession of narcotic paraphernalia. The police video showed that the officer kept him at the stop longer than needed to write the ticket. Our client did not consent to a search of his person, and the encounter turned physical when he was taken to the ground. After the prosecutor reviewed our concerns, both resisting charges and the paraphernalia charge were dismissed, and our client pleaded to a disorderly person offense. At sentencing, after our allocution, he received a $100 fine and no probation.

38th District Court — Eastpointe, Macomb County

We also obtained a dismissal of a 10-year felony assault charge and a resisting arrest charge in Oak Park’s 45th District Court. See more case results.

Michigan Resisting and Obstructing FAQs

Is resisting arrest a felony in Michigan?

Yes. Even the basic offense under MCL 750.81d is a felony punishable by up to two years in prison.

Can I be charged just for arguing with an officer?

Usually not. Michigan courts require some physical refusal to comply. Words alone generally are not obstruction.

What if the arrest was illegal?

The prosecutor must prove the officer acted lawfully. If the arrest or entry was unlawful, that can be a defense in court, but don’t physically resist at the scene.

What if I tensed up because of an injury?

That’s a common misunderstanding. Medical records and video can show you were protecting an injury, not resisting. Tell the officer about the condition right away.

The officer kept yelling “stop resisting.” Doesn’t that prove it?

No. Officers learn to say it. The video often shows something different.

Talk to a Michigan Resisting and Obstructing Lawyer

If you’re facing a resisting and obstructing charge anywhere in Michigan, call (248) 468-1468 for a free consultation. We answer 24/7, offer virtual meetings, and accept credit cards and payment plans.