Why You Should Resist Resisting Arrest

Criminal Defense

June 1, 2016

In Ohio, you can be charged with resisting arrest if you forcefully resist arrest or interfere with an officer arresting someone else. The important thing to note here is that the arrest must be lawful, meaning an officer cannot arrest you just because they do not like your attitude. You must give the officer probable cause to arrest you. In order to be convicted with resisting or interfering with a lawful arrest, the officer must prove in court that:

  • the arrest was in fact lawful
  • the defendant had knowledge that they were being arrested
  • the defendant used force and acted recklessly

The law enforcement must prove all of these things in order to prove the defendant was resisting arrest. In some cases, all it takes is to prove that you failed to obey the instructions given by the arresting officer.

Resisting arrest is a serious charge and often involves allegations that you assaulted the officer. It can range from a second or first degree misdemeanor to a felony depending on the type of assault, meaning is a deadly weapon was used. The misdemeanor charge carries 90 to 180 days in jail and $750-$1,000 in fines. The felony charge will carry long term serious consequences along with a criminal record hindering your life from there on.

There are a lot of factors that go into fighting a resisting arrest charge. An experienced attorney will be able to sort out the facts and get the best possible outcome. Contact an attorney at DiCaudo, Pitchford & Yoder today if you have been charged with resisting arrest.