Resisting Arrest in Dayton, OH

Are you facing charges for resisting arrest in Dayton, OH? Typically, resisting arrest is classified as a misdemeanor offense. However, you could face a felony offense depending on the circumstances of your case. It is crucial to have an experienced criminal defense lawyer to advocate on your behalf.

At Suhre & Associates DUI and Criminal Defense Lawyers, our lawyers have extensive experience in the criminal justice system. We have a former prosecutor and a former police officer on our team. We use the knowledge we gained working for the justice system to pursue fair outcomes for our clients.

With over 100 years of combined experience, our criminal defense attorneys have the skills, resources, and knowledge to handle even the most complex cases. We have a track record of obtaining successful results for our clients.

Call Suhre & Associates DUI and Criminal Defense Lawyers to schedule a free consultation with our Dayton criminal defense attorneys at (937) 531-0435.

How Our Dayton Criminal Defense Lawyers Can Help You With a Charge for Resisting Arrest in Ohio

How Our Dayton Criminal Defense Lawyers Can Help You With a Charge for Resisting Arrest in Ohio

Many people plead guilty to resisting arrest in Dayton, Ohio because they assume they have no defense. However, an experienced defense attorney can identify problems with the state’s case.

The police may have added resisting arrest to your charges even though there is insufficient evidence proving the crime occurred. Do not plead guilty to resisting arrest before you consult with our lawyers.

When you hire our award-winning Dayton criminal defense lawyers, you can trust we will:

  • Fully investigate the circumstances surrounding your arrest
  • Determine whether your rights were violated or there was police misconduct
  • Hire leading experts to work on your defense
  • Develop an effective defense strategy
  • Negotiate a fair plea deal when going to trial is not in your best interests
  • Take your case to trial and vigorously argue your defense if that is the best way to protect your freedom and rights

Our attorneys are well respected in the legal community. We have been recognized by Super Lawyers, Avvo, Expertise.com, and The National Trial Lawyers Top 100 for our achievements.

Call Suhre & Associates DUI and Criminal Defense Lawyers to schedule a free case evaluation with an experienced lawyer.

Overview of Resisting Arrest Laws in Ohio

Ohio Revised Code §2921.33 defines the crime of resisting arrest. According to the statute, you can be charged with resisting arrest if you interfere with or resist a lawful arrest by force or through reckless conduct. This offense generally results in a second-degree misdemeanor.

However, the statute also makes it illegal to cause physical harm to a law enforcement officer while resisting arrest. When you injure a police officer while resisting arrest, the charge will be increased to a first-degree misdemeanor.

Using a deadly weapon while resisting arrest could result in a fourth-degree felony if:

  • You brandish the deadly weapon while resisting arrest.
  • You recklessly cause physical harm to a law enforcement officer by using a deadly weapon.

Ohio law defines a “deadly weapon” as a device, instrument, or thing able to inflict death and designed or adapted to use as a weapon or to be carried, possessed, or used as a weapon. Deadly weapons include but are not limited to firearms, explosive devices, industrial tools, etc.

Penalties for Resisting Arrest in Dayton, OH

The penalties for a conviction of resisting arrest depend on the charges and circumstances. Examples of sentences for resisting arrest include:

  • A second-degree misdemeanor resisting arrest conviction results in a maximum fine of $750 and up to 90 days in county jail.
  • A first-degree misdemeanor resisting arrest conviction results in a maximum fine of $1,000 and up to 180 days in county jail.
  • A fourth-degree felony resisting arrest conviction results in a maximum fine of $5,000 and up to 18 months in state prison.

In addition to criminal penalties, a criminal conviction may result in collateral consequences. A felony conviction for resisting arrest could result in restrictions on firearm possession, while other collateral consequences may include limitations in child custody or employment opportunities. 

Can an Attorney Help Me With Defenses to Resisting Arrest Charges in Dayton, OH?

An experienced criminal lawyer will analyze the evidence in your case to determine what types of defenses may be available. Examples of defenses to resisting arrest include:

  • The police violated your constitutional rights.
  • You did not interfere with or resist an arrest.
  • The allegations that you resisted arrest are false.
  • You were acting in self-defense, such as protecting yourself from excessive force by police officers.
  • The arrest was unlawful, such as a lack of probable cause for the arrest.

Even if you are innocent, you need to develop a solid defense to charges of resisting arrest. Going into court without a defense and an attorney to argue your case could negatively impact the outcome of your case.

Schedule a Free Consultation With Our Dayton Criminal Defense Lawyers

Our legal team at Suhre & Associates DUI and Criminal Defense Lawyers fight for our client’s rights to fair and just outcomes in criminal cases. Call our office to schedule a free case review with a Dayton criminal defense lawyer. We are here to help when you need trusted legal counsel.