Known more commonly as “R & O”, this criminal offense is considered an assault on a police officer. The R & O actually stands for resisting & obstructing, however, the statute covers “assault, batter, wound, resist, obstruct, oppose, or endanger a person who the individual knows or has reason to know is performing his or her duties” as a police officer. In Michigan, this offense is a felony.
What many new clients do not realize is that they can be convicted of this offense without ever having touched a police officer. The reason for that is that the vast majority of the R & O cases that we see at Nolan Law Offices are covered under the “obstruct” or “oppose” sections of the statute. That being said, an offender can obstruct or oppose a police officer, and then as a result be convicted of an “assaultive crime” without touching them. All that the prosecutor must prove is that a police officer gave the subject a lawful command that required the subject to either do something physically or refrain from doing something physically and that the subject did not comply with the command. The most common R & O that we see is a person that flees the scene on foot after being told by the officer to stop. Something as simple as refusing to sit down can become a felony charge very quickly. Generally speaking, the “lawful command” section of the statute is the only fact that comes into issue.
If you or someone you know has been charged with R & O or any other criminal offense, contact Terry Nolan or Andy Lapres at Nolan Law Offices, PLLC by calling 231-769-2600.