While many police departments have received funding for better community relations training, the fact is that officers may interpret simple questions and gentle resistance to being shoved in a police car as resisting arrest. This style of “ask questions later” is common in big cities like Cincinnati.
While most resisting arrest charges are punishable as a first-degree misdemeanor some charges may result in felony charges.
Lawyer for Resisting Arrest Charges
Not everyone is truly guilty of resisting arrest. Many times, the charge is tacked on in an effort to spite the person being arrested for any number of reasons. Given the rather vague definition of resisting arrest under state law, it’s no wonder so many people are charged with resisting arrest every year.
If you have been charged with resisting arrest in Cincinnati or its surrounding areas, contact The Wieczorek Law Firm, LLC to speak with an experienced defense attorney with over 16 years of experience. Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.
Overview of Resisting Arrest Charges
- Resisting Arrest under Ohio Law
- Illegal Arrests
- Excessive Use of Force
- No-Knock Warrants
- Penalties for Resisting Arrest
- Defending Against Resisting Arrest Charges
- Hire a Lawyer for Resisting Arrest in Cincinnati, OH
Resisting Arrest under Ohio Law
Resisting arrest is defined rather redundantly under Ohio Revised Code (ORC) Section 2921.33 as resisting arrest.
(A) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another.
(B) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person and, during the course of or as a result of the resistance or interference, cause physical harm to a law enforcement officer.
(C) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person if either of the following applies:
(1) The offender, during the course of or as a result of the resistance or interference, recklessly causes physical harm to a law enforcement officer by means of a deadly weapon;
(2) The offender, during the course of the resistance or interference, brandishes a deadly weapon.
The law can be broken down into two key ways:
- Stopping, or attempting to stop, the lawful arrest of another person
- Stopping, or attempting to stop, your own arrest
In addition, actions that result in physical harm to an officer, such as slapping, punching, tackling, or biting, constitute resisting arrest.
Illegal Arrests
The key factor in any charge for resisting arrest is that the charge must be lawful. Any unlawful arrest may be stopped, legally, but the boundary between being a good Samaritan and interfering with police business is thin.
In some cases, you can talk to people while they are being arrested. In others, an officer may book you for talking to a suspect, even if it’s to remind them of their rights (think of the famous “don’t talk to the police!” case. The circumstances of the arrest are a crucial part of determining whether you’ve broken the law, but whether or not your actions are legal or not is usually a question reserved for after you’ve been arrested.
Excessive Use of Force
The use of force by an officer in excess of what is required for his duty is illegal. In cases where a person may be killed or seriously injured as a result of the force, it may, at times, be legal for a citizen to step in and help stop the arrest.
However, Ohio law is extremely unclear on this matter.
No-Knock Warrants
The issue of no-knock warrants, or search warrants without announcement, is a hotly contested topic. While a search warrant, and indeed all lawful arrests, require an officer to identify himself prior to the arrest or search, a no-knock warrant does not carry the same requirement. These warrants are executed under the assumption that the suspect will begin firing at officers if the search is executed.
However, Ohioans are allowed to defend their home with deadly force. If a stranger begins breaking down your door – would you let them? No-knock warrants are a tricky subject, but defenses against resisting arrest for no-knock warrants go back to the 1990s.
In 1991 (Elyria v. Tress), police made a warrantless entry into the defendant’s trailer, invalidating the arrest. The police do not have the right to enter your home without a warrant, without exceptional cause. Despite this, some officers may view this resistance as a crime and arrest you anyway.
Penalties for Resisting Arrest
Resisting arrest in Ohio is generally a misdemeanor offense, but the severity of penalties depends on whether physical harm or the threat of harm occurred.
Misdemeanor Offenses
- Second-Degree Misdemeanor: If resisting arrest involves no physical harm or the risk of harm, the arrest is classified as a second-degree misdemeanor. Penalties include:
- Up to 90 days in jail and/or
- A fine of up to $750
- First-Degree Misdemeanor: If the resistance involves some form of physical harm to the officer, the charge is instead classified as a first-degree misdemeanor. Penalties include:
- Up to 180 days in jail and/or
- A maximum fine of $1,000.
Felony Offenses: If resisting arrest involves either the demonstration or use of a deadly weapon, the offense will escalate a felony. Possible classifications include:
- Fourth-Degree Felony: If the incident involves serious physical harm or a deadly weapon, the crime is a felony. Penalties include:
- 6-18 months in prison and/or
- a fine of up to $5,000.
Defending Against Resisting Arrest Charges
The defense your attorney employs defend on your case. If the arrest was due to perceived physical or verbal resistance, then your defense will focus on proving that the arrest was unlawful or that you did not understand that you were being arrested.
If, however, you were arrested for “attempting to interfere” with an arrest as a result of speaking to the suspect, your case will focus on the freedom of speech and your right to communicate. However, there are limits to this right, especially during an ongoing investigation.
Resisting Arrest and Related Offenses
Resisting arrest is often charged alongside related offenses, including:
- Obstructing Official Business (ORC 2921.31): Involves impeding public officials in the performance of their duties.
- Assault on a Peace Officer (ORC 2903.13): Involves intentionally causing or attempting to cause physical harm to a law enforcement officer.
Hire a Lawyer for Resisting Arrest in Cincinnati, OH
If you have been charged with resisting arrest in Cincinnati or its surrounding areas, contact The Wieczorek Law Firm, LLC to speak with an experienced defense attorney with over 16 years of experience. Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.