Michigan Criminal Attorneys Blog
The following are misdemeanor offenses against governmental operations that are regularly prosecuted by the Clawson Michigan city attorney under the Clawson Michigan local ordinances (These offenses can also be prosecuted under corresponding State laws as well by the Oakland County Prosecutor’s Office). The section (Sec.) numbers listed below are from the Clawson Criminal Code.
Sec 46-351. Obstructing government operations. A person commits the offense of obstructing government operations if he or she intentionally obstructs, impairs or hinders the performance of a governmental function or the use of government property by using or threatening to use violence, force, physical interference or obstacle. For purposes of this section, the term “government” includes any principal subdivision or agency of the United States, the state, city, or any agency of local government operating within the city of Clawson. The term “governmental function” includes any activity which a public agency or public servant is legally authorized to undertake. State law reference – Obstruction of police officer, MCL 750.479.
Sec. 46-352. Rendering a false alarm. A person commits the offense of rendering a false alarm if he or she knowingly causes a false alarm or fire or other emergency to be transmitted to or within a fire department or any other governmental agency that deals with emergencies involving danger to life or property. State law reference – False fire alarms, MCL 750.240; false report on crime, MCL 750.411a.
Sec. 46-353. False reporting to law enforcement officials. A person commits the offense of false reporting to law enforcement officials if he or she:
(1) makes a report or intentionally causes the transmission of a report to law enforcement authorities of a crime or other incident within their concern when he knows that it did not occur; or
(2) makes a report or purposely causes the transmission of a report to law enforcement authorities pretending to furnish information relating to a crime or other incident within their concern when he or she knows that he or she has no such information.
State law reference – false report on crime. MCL 750.411a.
Sec. 46-354. Impersonating a police officer. A person commits the offense of impersonating a police officer if he falsely pretends to be a peace officer and does an act in that capacity.
State law reference – False personation of officers, MCL 750.215.
Sec. 46-355. Obstructing a peace officer. A person commits the offense of obstructing a peace officer if, by using or threatening to use violence, force, or physical interference or obstacle, he or she intentionally obstructs, impairs, or hinders the enforcement of the criminal laws or Clawson city ordinances, or the preservation of the peace by a peace officer acting under color of his official capacity.
State law reference – Obstruction of police officer, MCL 750.479
Sec. 46-356. Resisting Arrest. A person commits the offense of resisting arrest if he or she intentionally prevents or attempts to prevent a peace officer, acting under color of his or her official authority, from affecting an arrest of the actor or another by:
(1) using or threatening to use physical force or violence against the peace officer or another; or
(2) using any other means creating a substantial risk of causing physical injury to the peace officer or another.
Sec. 1-7. General penalty; continuing violations. (a) In this section, the words “violation of this Code” mean any of the following:
(1) Doing an act that is prohibited or made or declared unlawful, an offense, a violation, a misdemeanor or a municipal civil infraction by ordinance or by rule or regulation authorized by ordinance.
(2) Failure to perform an act that is required to be performed by ordinance, or by rule or regulation authorized by ordinance.
(3) Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation, a misdemeanor, or a municipal civil infraction by ordinance or by rule or regulation authorized by ordinance.
(b) In this section the words “violation of this Code” include causing, securing, aiding or abetting a violation of this Code as defined in subsection (a) of this section.
(b) In this section, the words “violation of this Code” do not include the failure of a city officer or city employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.
(d) Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code shall be guilty of a misdemeanor and punished by a fine not to exceed $500.00, imprisonment for a period not more than 90 days, or both; However, unless otherwise provided by law, a person convicted of a violation of any of the provisions of this Code that substantially corresponds to a violation of State law that is a misdemeanor for which the maximum period of imprisonment is 93 days shall be punished by a fine of not more than $500.00, imprisonment for a term of not more than 93 days, or both. A person convicted of a violation of this Code shall be responsible for costs. The penalty in this subsection does not apply to any municipal civil infraction.
(e) Except as otherwise provided by law or ordinance, with respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense. As to theory violations, each violation constitutes a separate offense.
(f) The city of Clawson is entitled to recover the cost of investigating and prosecuting a violation from the person convicted of a violation of this Code. The city of Clawson is entitled to recover Court costs from any person convicted of a violation of this Code.
(g) The imposition of a penalty does not prevent suspension or revocation of a license, permit, or franchise or other administrative sanctions.
(h) Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief or civil or quasi-judicial enforcement. (Code 1978, section 1-6). State law reference, penalty for ordinance violations, MCL 117.3(k), 117.4i; municipal civil infractions, MCL 117.4l, 600.8701 et seq.
Sec. 46-2. State law misdemeanors. Every act prohibited by State law as a misdemeanor is prohibited, and whoever violates the provisions of this section within the city of Clawson shall, upon conviction, be punished by the same penalty provided by State law, except the penalty shall, in no case, exceed the maximum authorized for an ordinance violation.
When charged with a criminal offense in Clawson Michigan it is important to hire an experienced criminal lawyer to assist you. Criminal misdemeanor offenses that allegedly occur in Clawson are prosecuted at the 52-4th Division District Court, which is located at 520 W. Big Beaver Road in Troy, Michigan 48084. An experienced criminal lawyer may be able to help you avoid a criminal conviction and a harsh result, depending upon the circumstances of your case.
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