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Miami Valley Law Blog

Monday, January 21, 2019

What is Resisting Arrest?

A person can be charged with resisting arrest when he or she interferes with a lawful arrest executed  by a law enforcement officer. Resisting arrest can be charged as either a misdemeanor or felony, depending on the circumstances. Below is an overview of the crime of resisting arrest in Ohio. 

How is a resisting arrest charge proven?

In order for a defendant to be convicted of resisting arrest in Ohio, the prosecutor must demonstrate the following: 

  • The arrest was lawful – In order for an arrest to be lawful, the arresting officer must inform the defendant that he or she is being arrested. 
  • The defendant interfered with the arrest – After being informed that he or she is under arrest, the defendant must try to prevent the arrest in some way. Examples of resisting arrest include running away and struggling with the arresting officer. 

Misdemeanor charges



As noted above, resisting arrest can be charged as either a misdemeanor or a felony in Ohio.  A defendant can be charged with a second-degree misdemeanor if he or she, recklessly or by force, resists or interferes with a lawful arrest or the arrest of another. A second-degree misdemeanor is punishable by up to 90 days in jail and a fine of up to $750. This charge can be increased to a first-degree misdemeanor if the defendant causes physical harm to the arresting officer while resisting arrest. A first-degree misdemeanor is punishable by up to 180 days in jail and a fine of up to $1,000.

Felony charges


A defendant can be charged with a fourth-degree felony if, while resisting arrest, he or she causes physical harm to the arresting officer while using a deadly weapon. In fact, the mere possession of a deadly weapon or the threat to use such a weapon while resisting arrest can result in a felony charge. A fourth-degree felony is punishable by up to 18 months in prison and a fine of up to $5,000.

Ohio Criminal Defense Attorneys


Anyone charged with resisting arrest or any other crime in Ohio faces serious potential consequences, including incarceration and fines. Therefore, if you’re facing criminal charges of any kind in Ohio, you should strongly consider obtaining the services of an experienced Ohio criminal defense attorney. At Cox Keller Lusardi, our experienced Ohio criminal defense attorneys will work with you to devise the best possible defense strategy for your criminal case. Our attorneys regularly represent residents of the Miami Valley region of Ohio who have been charged with crimes, utilizing our criminal defense experience to make sure that that all of our clients receive the strongest defense possible. In addition, we understand the fear and anxiety engendered by criminal charges. Therefore, you can count on our experienced criminal defense attorneys to treat you with respect and dignity as we fight for your rights. Contact us today for a consultation.  




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