Resisting arrest is a serious charge in Ohio. Those facing a resisting arrest charge carries the potential for serious legal consequences. A resisting arrest conviction can impact a defendant’s life for years to come.
The Columbus resisting arrest lawyers at Riddell Law LLC represent clients facing misdemeanor charges of resisting arrest. Resisting arrest charges can allege an arrest with or without force. Or the resisting arrest charge could be as simple as the allegation that you failed to obey the instructions of a law enforcement officer.
Resisting arrest is a serious charge–often involving allegations that you assaulted or attempted to assault a police officer. Depending on the facts, these types of charges are not often granted leniency by judges or prosecutors. On the other hand, defendants are not always fairly charged with resisting arrest by police officers. An experienced Columbus resisting arrest attorney can review the facts and circumstances of your arrest and the allegation that force–if any–was used during the arrest.
Generally, a resisting arrest charge is a second degree misdemeanor under Ohio law.
Potential penalties include:
Seeking the advice of a qualified Columbus criminal defense attorney can help ensure your rights are protected and potential penalties minimized.
Under R.C. 2921.33, no person may recklessly or by force “resist or interfere with a lawful arrest of the person or another.”
The resisting arrest statute does not define “resist” or “interfere.” However, unmodified law suggests that resisting arrest “may be committed through the use of force, or recklessly by any means * * *.” Further, the Ohio Jury Instructions provide that “‘Resist or interfere’ means “to oppose, obstruct, hinder, impede, interrupt, or prevent an arrest by a law enforcement officer by the use of force or recklessly by any means, such as going limp, or any other passive or indirect conduct.” 4 Ohio Jury Instructions, Section 521.33(4).
Because resisting arrest is a serious charge, hiring a Columbus resisting arrest attorney is your chance to defend yourself against overzealous allegations of law enforcement. Successfully arguing for a reduction of the charge can have a dramatic impact on your case. In other cases, an outright dismissal of charges or victory in court may be possible.
To speak to one of our Columbus criminal defense attorneys about your legal situation call us today at 614-361-2804 or contact us online.