Resisting and Obstructing in Michigan

A plain-language look at a Michigan resisting and obstructing charge: what the law covers, why it is a felony, the penalty levels, the felony court path from district court to circuit court, options, and what to gather and avoid.

What the Charge Covers

Michigan's resisting and obstructing law is MCL 750.81d. It makes it a crime to assault, batter, wound, resist, obstruct, oppose, or endanger someone you know, or have reason to know, is performing their duties.

The law protects more than police officers. It also covers sheriffs and deputies, conservation officers, firefighters, emergency medical personnel, and people doing search and rescue.

"Obstruct" includes using or threatening physical interference or force. It also includes knowingly failing to comply with a lawful command. That means you can be charged without any physical contact.

This guide is written for people with cases in Downriver (Wayne County), Monroe County, and elsewhere in Michigan.

A Felony, With Higher Levels for Injury

Resisting and obstructing under MCL 750.81d is a felony, even when no one is hurt.

Basic offense: up to 2 years in prison, a fine of up to $2,000, or both.
Causing a bodily injury that requires medical attention: up to 4 years, a fine of up to $5,000, or both.
Causing serious impairment of a body function: up to 15 years, a fine of up to $10,000, or both.
Causing death: up to 20 years, a fine of up to $20,000, or both.

You can also be charged with other crimes from the same incident, and the court may order a resisting sentence to run after a sentence for another offense from the same event, rather than at the same time.

The Felony Court Path

A felony case starts in district court, such as the 1st District Court in Monroe County or one of the district courts in Downriver (Wayne County), and then moves to circuit court:

Arraignment on the complaint: the court tells you the charge, explains your rights, sets bond, and sets the next two dates.
Probable cause conference: 7 to 14 days after the arraignment. The prosecutor and your lawyer can discuss a possible plea, bond, and other issues.
Preliminary examination: 5 to 7 days after the conference. The prosecutor must show probable cause that a felony was committed and that you committed it. Witnesses testify under oath and your lawyer can question them.
Bindover: if the judge finds probable cause, the case is "bound over" to circuit court. If not, the judge must dismiss the charge or reduce it to a non-felony.
Circuit court arraignment: within 14 days after bindover, unless the district court handles it as the court rules allow.

Some steps can be waived or rescheduled. Ask your lawyer before agreeing to waive anything.

Lawful Commands and Your Defense

The Michigan Supreme Court held in People v Moreno (2012) that this law did not take away the long-standing right to resist unlawful police conduct, such as an unlawful arrest or an unlawful entry into a home. The prosecutor must prove that the officer was acting lawfully, for example by giving a lawful command or making a lawful arrest. The prosecutor must also prove you knew, or had reason to know, the person was an officer performing their duties.

That does not make resisting safe. Whether conduct was lawful is decided later, in court, based on the exact facts. Body camera and dash camera video, 911 recordings, and witness accounts can be important.

Do not try to argue these points with the police at the scene or afterward. Tell your lawyer everything, and let your lawyer request the recordings.

Options That May Keep a Conviction Off Your Record

Depending on your age and history, the court may consider one of these options:

HYTA (the Holmes Youthful Trainee Act, MCL 762.11): if you were 18 through 25 years old when the offense happened, the court may place you on youthful trainee status after a guilty plea, without entering a conviction. If you were 21 or older, the prosecutor must also agree. If you complete the terms, the case is dismissed, it is not a conviction, and the record is closed to public inspection.
Delayed sentence (MCL 771.1): the court may delay sentencing for up to one year to give you a chance to show that you qualify for probation or other leniency. What happens at the end of the delay depends on the court and on any agreement in your case.

Some cases are resolved by a plea to a lesser offense, but that depends on the prosecutor, the court, and the facts. Your lawyer can tell you what options are realistic.

What to Gather, What to Avoid, and the Bottom Line

Keep everything in one folder: your charging papers, your bond paperwork, your court notices, any medical records for injuries, and the names of any witnesses. Write your own notes about what happened while your memory is fresh, including the time and place and what each person said, and share them only with your lawyer.

What not to do:

Do not talk about your case on social media.
Do not discuss the details with anyone except your lawyer. Conversations with friends, family, or the police are not confidential.
Do not post or share video of the incident online. Give it to your lawyer instead.
Do not miss court. A missed date can lead to a bench warrant.

A resisting and obstructing charge is a felony even when no one is hurt, and the case can turn on what the recordings show. Preserve the evidence, follow your bond conditions, and get answers about your own situation early from a local attorney.

How I Can Help

If you are facing a resisting and obstructing charge in Downriver (Wayne County), Monroe County, or nearby, I can review your paperwork, explain the process and your options, and represent you in court.

Call (734) 775-9327 or use my contact form for a free consultation.

This guide is general information about Michigan law, not legal advice. Laws change, and every case is different. Reading this page does not create an attorney-client relationship.