Resisting or obstructing a police officer in Michigan is a felony punishable by up to 2 years in prison or a fine of up to $2,000. The penalty rises to 4, 15, or 20 years if the officer is injured, seriously impaired, or killed. The charge is set by MCL 750.81d.
Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.
Resisting and obstructing at a glance
| Basic offense | Felony: up to 2 years or a fine of up to $2,000, or both (MCL 750.81d(1)) |
|---|---|
| Injury requiring medical treatment | Up to 4 years or a fine of up to $5,000, or both (MCL 750.81d(2)) |
| Serious impairment of a body function | Up to 15 years or a fine of up to $10,000, or both (MCL 750.81d(3)) |
| Death | Up to 20 years or a fine of up to $20,000, or both (MCL 750.81d(4)) |
| Consecutive sentences | A sentence for this offense may be served consecutively to sentences for other violations from the same incident |
How does a resisting and obstructing case move through court?
- Arraignment in district court, where bond is set.
- Preliminary examination. The prosecutor must show probable cause.
- Bindover to circuit court if probable cause is found.
- Resolution by dismissal, reduction, plea, or trial.
What matters in the defense
- Was the officer acting lawfully? An unlawful arrest or stop can be a defense.
- What you actually did. Body-camera and dash-camera footage often decides the case.
- Knowledge. Whether you knew the person was an officer performing duties.
- Reduction. Some cases can be negotiated to a lesser charge.
Related pages: assault and battery and misdemeanor or felony offense.
Frequently asked questions
Is resisting arrest a felony in Michigan?
Under MCL 750.81d(1), resisting or obstructing a police officer is a felony with up to 2 years in prison or a fine of up to $2,000.
Can I get more time if an officer is hurt?
Yes. The maximum rises to 4 years for an injury requiring medical treatment, 15 years for serious impairment, and 20 years for death.
Talk to a Detroit criminal defense attorney
Call Attorney Kevin Bessant at 313-658-8159 for a free consultation.
Legal Authority
See MCL 750.81d in the Michigan Legislature’s text. This page is general information, not legal advice.