Detroit, MI asked in Civil Rights, Constitutional Law and Criminal Law for Michigan

Q: Can I be charged with 2 counts of police officer assaulting resisting obstructing

Not sure how I can be charged we that why there are 2 counts is because there was 2 officers present my girlfriend called them on me for domestic violence when she's the one that bit me and wouldn't release when I asked her to so yes I had to slap her to get her to release then she was also hitting me I left found out she called the police so I came back to talk to them upon my return and trying to tell them my side of the store which they weren't interested in listening to one of them just kept yelling at me so I decided to just be quiet when they both came closer to my car the one was yelling at me was right next to it then it appeared to me that he was either about to reach into my car or open my door he never said I was under arrest so I drove off I was under the impression I didnt have to speak if I choose not to It wasn't my intention to break any laws I was just trying to remove myself from the situation since they had no interest in my side of the story anyways

1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: The devil is always in the details. Here, I suspect the police are going to testify that they issued commands to stop, etc. Hopefully there's body cams to support what you're saying about that.

The two counts of R&O would likely come from two officers present, HOWEVER, that is sometimes the result of a lazy prosecutor. Your attorney will look to see if there are sufficient allegations to support each charge other than mere presence.

Water under the bridge now, but two crucial mistakes you made: 1) return to a scene knowing there were police called on you, and 2) telling on yourself to the police. Read Miranda: "anything you say can and will be used AGAINST you." The police TELL you straight up that nothing you say will help you.

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