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Resisting Arrest

Alleged offenders who resist or interfere with lawful arrests in Ohio can be charged with resisting arrest. A person does not have to be the subject of the original arrest in order to be accused of this offense.

In order for an arrest to be considered lawful, the prosecutor must prove the following elements beyond a reasonable doubt: the police officer was effecting a lawful arrest of the alleged offender; the alleged offender was fairly apprised of the fact that he or she was being arrested; and the alleged offender, having been fairly apprised of his or her arrest, nevertheless resisted either by force or by recklessly hindering or interfering with the arrest. The alleged resistance cited these cases is often at the discretion of the arresting officers, and any failure to satisfy all three of the aforementioned elements can make it more difficult for an alleged offender to be convicted of this crime.

Attorney for Resisting Arrest in Cincinnati, OH

Were you arrested in Hamilton County for allegedly resisting arrest? Do not say anything to authorities without legal counsel. Contact Joslyn Law Firm for help protecting your rights.

Brian Joslyn is an experienced criminal defense lawyer in Cincinnati who represents clients accused of violent crimes in communities throughout southwest Ohio, including Anderson, Bridgetown, Delhi, Green, Harrison, Miamitown, Norwood, Springdale, Sycamore, and many others. Call (513) 399-6289 to have our attorney provide a complete evaluation of your case during a free initial consultation.


Overview of Resisting Arrest Violations in Ohio


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Resisting Arrest Charges in Hamilton County

Ohio Revised Code § 2921.33 makes it illegal for a person to, recklessly or by force, resist or interfere with a lawful arrest of the person or another person. Generally, this offense is a second-degree misdemeanor.

If an alleged offender recklessly or by force, resists or interferes with a lawful arrest of the person or another person and, during the course of or as a result of the resistance or interference, causes physical harm to a law enforcement officer, the crime is a first-degree misdemeanor. Resisting arrest is a fourth-degree felony if the alleged offender recklessly or by force, resists or interferes with a lawful arrest of the person or another person and either of the following applies:

  • The alleged 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;
  • The alleged offender, during the course of the resistance or interference, brandishes a deadly weapon.

Deadly weapon is defined under Ohio Revised Code § 2923.11 as “any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.”


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Resisting Arrest Penalties in Cincinnati

An alleged offender who is convicted of resisting arrest can receive one of the following sentences, depending on how the classification of the underlying offense:

  • Second-Degree Misdemeanor — Up to 90 days in jail and/or fine of up to $750;
  • First-Degree Misdemeanor — Up to 180 days in jail and/or fine of up to $1,000; or
  • Fourth-Degree Felony — Up to 18 months in prison and/or fine of up to $5,000.

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Ohio Resisting Arrest Resources

Police | City of Cincinnati — The Cincinnati Police Department is the primary law enforcement agency for the city of Cincinnati. The city is divided into five police districts, and you can learn more about each district on this website. You can also access crime statistics, read recent news, and file a police report using the website’s online reporting system.

Cincinnati Police Department
310 Ezzard Charles Dr.
Cincinnati, OH 45214
(513) 765-1212

Hamilton County Sheriff’s Office — Visit this website to learn more about the Hamilton County Sheriff’s Office. You can find information about the office’s court and jail services, enforcement, administration, and support services divisions. You can also report a crime, search for inmates, and obtain record checks.

Hamilton County Sheriff
1000 Sycamore St.
Cincinnati, OH 45202
(513) 946-6400


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Joslyn Law Firm | Cincinnati Resisting Arrest Defense Lawyer

If you were arrested for allegedly resisting arrest anywhere in southwest Ohio, it will be in your best interest to seek legal representation as soon as possible. Joslyn Law Firm defends individuals in Blue Ash, Colerain, Forest Park, Miami, Montgomery, Reading, Springfield, Symmes, and many surrounding areas of Hamilton County.

Cincinnati criminal defense attorney Brian Joslyn can investigate the circumstances surrounding your arrest and fight to help you achieve the most favorable outcome that results in the fewest possible penalties. He can review your case and discuss all of your legal options when you call (513) 399-6289 or submit an online contact form to schedule a free, confidential consultation.


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