Ohio Resisting Arrest Laws

In Ohio, resisting arrest is a charge that follows any other lawful arrest. Any forcible effort to prevent a law enforcement officer from arresting you or another person may result in resisting arrest charges, in addition to the original criminal charge.

Under Ohio law, resisting arrest is a second-degree misdemeanor, unless the suspect causes physical harm or uses a deadly weapon. In most cases, defendants should not try to resist arrest. Keep any discussions about potential defenses for when you meet with a criminal defense attorney.

How Ohio Defines Resisting Arrest

Under the Ohio Revised Code, the resisting arrest statute has three requirements for a resisting arrest accusation:

• The arrest must be lawful, based on a valid warrant or probable cause to arrest the suspect
• The suspect must know they are being arrested or detained for questioning
• The suspect must resist with force or “reckless behavior” such as fleeing

Refusing to answer questions is not resisting arrest, even if a police officer tells you that it is. However, you must provide your driver’s license during a traffic stop. You must also give your name, address, and birth date if the officer has reasonable suspicion that you have committed a criminal offense.

Resisting arrest may include:

• Pulling away, fighting, or struggling
• Shouting or using verbal threats
• Running or fleeing the scene of an accident

Other actions may apply as well.

Penalties for Resisting Arrest in Ohio

Resisting arrest “recklessly or by force” of yourself or another person is a misdemeanor of the second degree. The penalties include up to 90 days of jail time, fines of up to $750, or both. This penalty is part of whatever penalties you face for the original arrest.

If you resist and cause physical injury to the arresting officer, the crime becomes a first-degree misdemeanor. Penalties include up to 180 days in jail, fines of up to $1,000, or both.

Resisting arrest becomes a felony of the fourth degree if the defendant is accused of one or both of the following:

• Brandishes a deadly weapon
• Recklessly causes harm to an arresting officer by means of a deadly weapon

In Ohio, a fourth-degree felony carries a prison term of six to 18 months and a fine of up to $5,000. These penalties may still apply even if the judge dismisses the underlying charge. A resisting arrest conviction is no different than any other criminal conviction on your record. If the charge of resisting arrest is a felony, you may still lose your professional licenses and have difficulty obtaining work after completing your sentence.

Possible Defenses

If you’re facing arrest, the best way to avoid a resisting arrest charge is to comply with officers, even if you believe the arrest is unlawful or unfounded. All potential defenses require the services of knowledgeable resisting arrest lawyers. A layperson should not attempt them in the street.

In most cases, attorneys will attempt to plead out resisting arrest charges. In other cases, judges dismiss “resisting” charges as unfounded or mistaken.

Some ways an attorney counters resisting arrest charges include:

• An attorney may argue that “struggling” during handcuffing was a natural response to the defendant’s position
• The defendant may have left the scene under the mistaken impression that they could go if the officer’s instructions were unclear or the officers did not identify themselves, which could be misinterpreted as fleeing an arrest
• Shouting, arguing, and even threats are not “resisting” unless the defendant has “an immediate intent coupled with a present ability” to carry them out

Although self-defense laws may protect defendants if officers fail to identify themselves, attorneys do not advise attempting self-defense in an average police encounter. This includes instances such as attempts to enter or search a location without a legal warrant.

Lawful vs. Unlawful Arrests

Although the law requires defendants to comply with lawful arrest, the average person can’t be sure whether their arrest was lawful until the case reaches a courtroom. An unlawful arrest is one in which the warrant was invalid or the arresting officer lacked probable cause.

It’s not a good idea to attempt to argue these details with an arresting officer. Let an attorney handle them in court before a judge.

Related Resources:

• Ohio Criminal Statute of Limitations Laws
• Ohio Criminal Laws
• Excessive Force and Police Brutality
• Police Misconduct and Civil Rights

Get Legal Advice From an Ohio Criminal Defense Lawyer

If you are charged with violating Ohio‘s resisting arrest laws, you may face possible incarceration and fines in addition to the charges you were being arrested for. With so much on the line, consider talking to an experienced criminal defense attorney. Having a skilled Ohio attorney on your side can help secure the best possible outcome in your case.