R.C. 2921.33 makes it an offense to recklessly or by force resist or interfere with a lawful arrest. It is a second-degree misdemeanor; it rises to a first-degree misdemeanor or a felony when the offender harms an officer or uses a weapon. The lawfulness of the underlying arrest is an element — if the arrest was unlawful, resisting it is not a crime under this statute.
These charges frequently arise from chaotic, fast-moving encounters and are often paired with disorderly conduct or obstruction. Whether there was actual force or interference, versus reflexive or defensive movement, is a real issue.
How Ohio Classifies & Punishes Resisting Arrest
| Circumstance | Classification | Exposure |
|---|---|---|
| Resisting arrest | Misdemeanor 2 | Up to 90 days; up to $750 |
| Causing harm to an officer | Misdemeanor 1 | Up to 180 days; up to $1,000 |
| With a deadly weapon / serious harm | Felony 4/3 | 6–36 months prison |
How We Defend Resisting Arrest Charges
An arrest is an accusation, not a verdict. Our defense of a resisting arrest charge begins with the questions the State would rather not answer:
- Whether the underlying arrest was actually lawful (a required element).
- Whether there was real force or interference, vs. reflexive movement.
- Whether the State can actually prove the required mental state (knowingly, purposely, recklessly) beyond a reasonable doubt.
- Whether body-camera or witness evidence supports the officer’s account.
- Whether any harm/weapon enhancement is supported.
We bring that same disciplined approach — testing every procedure, every protocol, and every piece of the State’s evidence — to resisting arrest cases across our nine-county Southern Ohio footprint. Where the evidence supports it, we negotiate for reduction or dismissal; where it does not, we are prepared to try the case.
Resisting Arrest — Common Questions
Can I resist an unlawful arrest?
Resisting arrest under R.C. 2921.33 only applies to a lawful arrest. If the arrest was unlawful, the resisting charge fails as a matter of law — which is why we examine the basis for the arrest closely.
What counts as 'resisting'?
Reckless or forceful interference with the arrest. Reflexive, defensive, or minimal movement during a chaotic encounter may not meet that standard, and body-camera footage often helps.
Is resisting arrest a felony?
Usually it's a misdemeanor, but it becomes a felony if an officer is harmed or a deadly weapon is involved.
Talk to a White-Collar & Other Crimes Defense Attorney Today
If you or someone you love is facing a resisting arrest charge in Lawrence, Scioto, Jackson, Gallia, Athens, Adams, Meigs, Pike, or Ross County, call (740) 532-8744 for a free, confidential consultation. We have offices in Ironton and Chesapeake and respond the same business day in most cases.