Resisting Arrest After a DWI
Suppose you have been pulled over for driving under the influence. You know that no matter what the police officer is going to arrest you for DWI because of how intoxicated you are. So, you plan to escape by quickly hopping over the fence and sprinting away. However, you have no idea that you’re now guilty of not just DWI but also resisting arrest.
Running, resisting or attempting to escape a lawful arrest is a crime in Ohio. You could be charged with resisting arrest and face charges. Depending on the situation, you could even be charged with a felony as a result. If you or someone you know has been charged with an offense against justice, it’s time you act and hire legal counsel.
Cincinnati Attorneys for Resisting Arrest in Ohio
You may think running away from the police will fix your problems, but unfortunately it will just exacerbate the situation further. You could be charged with resisting arrest and face multiple crimes as a result. If you’ve been charged with resisting arrest, it’s highly advised you seek an experienced attorney such as Joslyn Law Firm.
The attorneys at Joslyn Law Firm excel at defending their clients in Ohio’s courts. Using our resources and knowledge, we can build a strong defense for your case. Call us at (513) 399-6289 and you can schedule your first consultation completely free. We accept clients throughout the greater Hamilton County area including Blue Ash, Cincinnati, Harrison and Cleves.
Overview of Resisting Arrest in Ohio
- Elements of Resisting Arrest
- Penalties for Resisting Arrest in Ohio
- Statute of Limitations for Resisting Arrest
- Additional Resources
Elements of Resisting Arrest Under Ohio Law
Diverting, running, resisting, escaping or interfering with an arrest is considered a crime in Ohio. Using certain weapons or harming a police officer can result in aggravated penalties. According to the Ohio Revised Code section 2921.33, a person is charged with resisting arrest if:
- They recklessly or by force resist or interfere with a lawful arrest;
- Cause physical harm to the law enforcement officer during the course or as a result of resisting or interfering with an arrest;
- Do any of the following in an attempt to resist or interfere with an arrest:
- Cause physical harm to a law enforcement officer using a deadly weapon; or
- During the course of resistance brandish a deadly weapon
The term “deadly weapon” is defined under Ohio law as any instrument, device or thing capable of inflecting death on another human being. It can also be any item specially adapted to use, possessed or carried as a weapon.
Penalties for Resisting Arrest in Ohio
The penalties for resisting arrest depend on the facts of the case. Resisting arrest without any aggravating factors is a second-degree misdemeanor, which is punishable by:
- Up to 90 days in jail; and
- A fine of up to $750
If the resistance or interference causes a law enforcement office physical harm, then your charges will be enhanced. You will instead face a first-degree misdemeanor, which can result in the following maximum penalties:
- Up to 180 days in jail; and
- A fine of up to $1,000
Presenting or harming an officer with a deadly weapon will ramp your charges up to a felony. You will instead face a fourth-degree felony that can result in:
- Up to 18 months in prison; and
- A fine of up to $5,000
Statute of Limitations for Resisting Arrest in Ohio
Prosecutors have a time limit for when they’re allowed to file criminal charges against defendants known as a statute of limitations. The intent of a statute of limitations is to ensure crimes are handled efficiently and to maintain the integrity of evidence. In Ohio, the statute of limitations is decided by the offense level of the crime.
Since resisting arrest is a misdemeanor, the statute of limitations is two years. A felony-level resisting arrest charge will result in a 6-year statute of limitations. However, if the judge adds a count of felonious or aggravated assault the statute of limitations may be extended to 20 years.
Additional Resources
Prison Policy Initiative – Visit the official website for the Prison Policy Initiative, a non-profit organization focused on reducing mass criminalization around the United States. Access the site to learn more about the dangers of overcrowded prisons, restrictive penalties and more.
Resisting Arrest Laws in Ohio – Visit the official website for resisting arrest laws in Ohio to learn the penalties and elements of the crime. Access their site to find more information or use their search bar to discover other relatable offenses and their penalties.
Resisting Arrest Lawyer in Cincinnati Ohio
If you or someone you know has been charged with resisting arrest, then it’s time you contact an experienced criminal defense attorney. They can utilize their defense techniques to create a strong case for you. Call Joslyn Law Firm for an effective and experienced legal team by your side.
Contact us at (513) 399-6289 and schedule your first consultation completely free. We will sit with you and answer any of your legal questions. Joslyn Law Firm represents people throughout the greater Hamilton County area including Blue Ash, Harrison, Cleves and Cincinnati.
This article was last updated on July 25, 2019.
