For some, the thought of having any type of interaction with a police officer is frightening. Even if they have done nothing wrong, many individuals’ first instinct when they see a police officer is to run. While you may think this is harmless behavior, running from the police in Michigan can result several different types of felony convictions.
Resisting, Obstructing, or Assaulting an Officer (R&O)
In Michigan, R&O is a felony punishable by up to two years in prison. While you may think the way you acted was not felonious behavior, prosecutors can charge R&O for nearly any behavior. Physical violence against an officer is not required for this charge. In fact, the jury instruction for R&O lists the following types of behavior as felonious: assaulting, battering, wounding, resisting, obstructing, opposing, or endangering an officer. Prosecutors can also charge R&O when individuals run from the police on foot. With such a wide array of behavior considered criminal, nearly any opposition to a police order can result in a felony conviction.
Because prosecutors have such a wide range of discretion when charging R&O, it can be difficult for some individuals charged with this crime to believe they truly committed a felony. The good news is that, as a two-year felony, R&O is a charge ripe for plea negotiations. An offer from the prosecutor to reduce R&O to an attempt changes the crime into a misdemeanor rather than a felony. R&O charges are also strong candidates for diversionary programs, like HYTA. Additionally, R&O charges can be good to take to trial because the charge will almost always rely on the officer showing up to court. Some people in a jury may think that some types of resisting or obstructing should not be criminalized, too.
A strong defense attorney knows how to quickly and effectively handle R&O cases. KBW Criminal Law’s founding attorney, Kevin, has successfully handled countless R&O cases. Kevin knows the difference between a strong R&O case and a throw-in charge that can be used as a bargaining chip for the prosecution. He knows which R&O cases are the best candidates for diversionary programs that could ultimately lead to dismissals. And, if need be, he knows how to cross examine police officers and make your position look sympathetic to a jury. If you have been charged with R&O, call KBW Criminal Law as soon as possible to reduce the risk of spending time in jail over one interaction.
Fleeing and Eluding
In Michigan, Fleeing and Eluding means trying to escape the police by driving away in a motor vehicle. There are four different degrees of Fleeing and Eluding depending on the severity of the person’s actions while they are running from the police. Depending on the degree of Fleeing and Eluding you are facing, you could be looking at up to 15 years in prison for this charge.
In addition to the different degrees, Michigan prosecutors have two different ways to charge Fleeing and Eluding. The first way is under Michigan’s vehicle code. The second way is under Michigan’s criminal code. When prosecutors charge fleeing and eluding under the vehicle code, there are collateral consequences that do not exist if they charge fleeing and eluding under the criminal code. For example, individuals charged under the vehicle code are not eligible for HYTA, a diversionary program that can seal convictions from public view. This means a vehicle code charge could result in both a public felony, as well as major ramifications for your driver’s license.
If you hire a defense attorney who does not know the difference between the degrees of Fleeing and Eluding, or the differences between the vehicle and criminal code, you could end up with a public felony conviction that did not need to be on your record. As a former prosecutor, KBW Criminal Law’s founding attorney, Kevin, has handled innumerable Fleeing and Eluding cases. He knows the differences between convictions under the criminal and vehicle codes, and he knows what prosecutors look for when determining to change from a vehicle code charge to a criminal code charge. If you have been charged with Fleeing and Eluding, do not wait until you have lost your license to reach out to an informed defense attorney. Contact KBW Criminal Law to try to limit the ramifications from the start of your case.