The criminal offense of resisting arrest—also known as resisting a peace officer—occurs when a person uses any amount of physical force to resist, delay, or obstruct a police officer during an arrest. The resistance that gives rise to a criminal offense may be slight and includes (1) struggling with police officers as they try to place handcuffs on a person and (2) giving police a false name during questioning.
Resisting arrest laws vary from state to state—in California, for example, the law includes delaying or obstructing an emergency medical technician. Resisting arrest is usually a misdemeanor offense. Resisting arrest laws are generally located in a state’s statutes—often in the penal or criminal code.
In Michigan, the criminal offense of resisting arrest is codified under Michigan Penal Code MCL 750.81d. This statute makes it illegal to assault, batter, wound, resist, obstruct, oppose, or endanger a law enforcement officer, firefighter, emergency medical services personnel, or other peace officers who are lawfully performing or attempting to perform their duties. Resisting arrest in Michigan can be charged as a felony, and the penalties can be severe, including fines and imprisonment. The severity of the charge and the corresponding penalties often depend on whether the officer was injured and the extent of such injury. Giving a false name to police during questioning could also lead to charges of obstructing justice or providing false information to a peace officer. It's important for individuals in Michigan to understand that any physical or active interference with a lawful arrest can lead to criminal charges under this statute.