MCL § 750.479 – Resisting or obstructing police officer (penalties)
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Code Details
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
Exact Statute Text
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750.479 Resisting or obstructing officer in discharge of duty; penalty; definitions.
Sec. 479.
(1) A person shall not knowingly and willfully do any of the following:
(a) Assault, batter, wound, obstruct, or endanger a medical examiner, township treasurer, judge, magistrate, probation officer, parole officer, prosecutor, city attorney, court employee, court officer, or other officer or duly authorized person serving or attempting to serve or execute any process, rule, or order made or issued by lawful authority or otherwise acting in the performance of his or her duties.
(b) Assault, batter, wound, obstruct, or endanger an officer enforcing an ordinance, law, rule, order, or resolution of the common council of a city board of trustees, the common council or village council of an incorporated village, or a township board of a township.
(2) Except as provided in subsections (3), (4), and (5), a person who violates this section is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.
(3) A person who violates this section and by that violation causes a bodily injury requiring medical attention or medical care to an individual described in this section is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.
(4) A person who violates this section and by that violation causes serious impairment of a body function of an individual described in this section is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.
(5) A person who violates this section and by that violation causes the death of an individual described in this section is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both.
(6) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.
(7) The court may order a term of imprisonment for a violation of this section to be served consecutively to any other term of imprisonment imposed for a violation arising out of the same criminal transaction as the violation of this section.
(8) As used in this section:
(a) “Obstruct” includes the use or threatened use of physical interference or force or a knowing failure to comply with a lawful command.
(b) “Serious impairment of a body function” means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.
MCL § 750.479 Summary
This Michigan statute, MCL § 750.479, defines and penalizes the criminal act of resisting or obstructing an officer in the performance of their duties. It makes it illegal for an individual to knowingly and willfully assault, batter, wound, obstruct, or endanger a wide range of public officials, including police officers, medical examiners, judges, prosecutors, probation officers, and others who are lawfully performing their jobs. The term “obstruct” is specifically defined to include using or threatening physical force or failing to comply with a lawful command. The severity of the penalties increases significantly if the obstruction results in bodily injury, serious impairment of a body function, or death to the official. This statute allows for additional charges for other crimes committed during the obstruction and permits consecutive sentencing.
Purpose of MCL § 750.479
The legislative intent behind this statute is to protect public officials and law enforcement officers from interference and harm while they are carrying out their lawful duties. By establishing severe penalties for resisting or obstructing, Michigan aims to deter individuals from engaging in conduct that undermines the authority of the state and endangers those tasked with upholding the law and maintaining public safety. This law ensures that officers, court personnel, and other designated officials can perform essential functions, such as serving legal documents, enforcing ordinances, or investigating crimes, without fear of unlawful impedance or physical harm. It serves to maintain order, respect for legal processes, and the efficient functioning of government services in Michigan.
Real-World Example of MCL § 750.479
Imagine John Doe is pulled over by a Michigan State Trooper for a traffic violation. When the Trooper asks for John’s license and registration, John refuses, begins yelling obscenities, and physically shoves the Trooper, then attempts to flee the scene on foot. In this scenario, John has committed several acts that fall under MCL § 750.479. His refusal to comply with a lawful command (“obstruct”), the physical shove (“assault” or “batter”), and attempting to flee, all while the Trooper was performing their official duties of enforcing traffic law, constitute violations of this statute. If the Trooper sustained a minor bruise from the shove, John could face felony charges under subsection (2). If the Trooper fell and broke an arm requiring surgery, John could be charged under subsection (3) or (4) due to the resulting injury or serious impairment.
Related Statutes
While MCL § 750.479 specifically addresses resisting or obstructing, several other Michigan statutes deal with interactions between citizens and law enforcement or public officials:
- MCL § 750.81 – Assault and battery; aggravated assault: These statutes define basic assault and battery, which are often underlying elements of a charge under MCL § 750.479 if physical contact occurs.
- MCL § 750.81d – Assault and battery; domestic violence: In cases where an officer responds to a domestic dispute, a person resisting arrest could face both domestic violence charges and a charge under MCL § 750.479.
- MCL § 750.478 – Refusal to assist peace officer: This statute addresses a different type of interaction, where a person *refuses* to help an officer when lawfully requested, rather than actively obstructing them.
- MCL § 750.479a – Fleeing and eluding police officer: This statute specifically targets individuals who flee from police in a vehicle, which can often occur in conjunction with or as part of an attempt to obstruct an officer.
- MCL § 257.602a – Refusal to submit to a preliminary breath test; penalties: While not directly about resisting, this statute outlines the penalties for refusing a lawful command related to suspected drunk driving, which could lead to further interactions where MCL § 750.479 might apply.
Case Law Interpreting MCL § 750.479
Michigan courts have frequently interpreted MCL § 750.479, particularly regarding the definition of “obstruct” and the legality of the officer’s actions. One significant case that has shaped the understanding of this statute is:
- *People v. Vandenberg*) – In *People v. Vandenberg*, the Michigan Supreme Court clarified that for a conviction under MCL § 750.479, the prosecution must prove that the officer was acting lawfully at the time of the obstruction. This means if an officer’s actions were unlawful, a person cannot be convicted of resisting or obstructing those unlawful actions. The case also delved into the mental state required for the “knowingly and willfully” element.
Other cases further explore what constitutes “physical interference or force” or a “knowing failure to comply with a lawful command” within the context of various factual scenarios.
Why MCL § 750.479 Matters in Personal Injury Litigation
Although MCL § 750.479 is a criminal statute, its implications can significantly affect personal injury litigation in Michigan, particularly in cases involving interactions with law enforcement.
1. Excessive Force Claims: When a plaintiff alleges police brutality or excessive force, the applicability of an MCL § 750.479 charge against them becomes critical. If a person was unlawfully resisting arrest or obstructing an officer, their actions might justify a certain level of force from the officer. However, if the resistance charge is later dropped, or if the officer’s initial actions were unlawful (as per *People v. Vandenberg*), it can strengthen a plaintiff’s claim that any force used against them was excessive and unwarranted.
2. Comparative Fault/Contributory Negligence: In personal injury cases, a defendant (including a government entity or individual officer) might argue that the injured plaintiff’s own actions, such as resisting or obstructing, contributed to their injuries. A conviction or even a charge under MCL § 750.479 can be used by the defense to establish the plaintiff’s comparative fault, potentially reducing the damages they can recover.
3. Credibility and Character: A prior conviction for resisting or obstructing an officer can be used in some personal injury contexts to challenge a plaintiff’s credibility as a witness. This could impact their testimony regarding how an accident occurred or the extent of their injuries.
4. Basis for Injury: If an officer sustains injuries due to a person’s violation of MCL § 750.479, the officer may have grounds for a personal injury claim against the individual who obstructed them. Conversely, if a person is injured while allegedly obstructing, the circumstances of the obstruction will be central to determining liability for their injuries.
5. Wrongful Arrest/False Imprisonment: If an individual is falsely accused of resisting or obstructing an officer, leading to their arrest and injury, the criminal charge itself (and its eventual dismissal or acquittal) can serve as key evidence in a civil suit for wrongful arrest or false imprisonment, demonstrating the lack of probable cause for the initial detention.
Understanding this statute is vital for personal injury attorneys to effectively represent clients whose injuries arose from interactions with law enforcement, whether as victims of alleged excessive force or as individuals facing charges related to their conduct during an incident.