IRONTON (740) 532-8744 · CHESAPEAKE (740) 867-3166
Charged with a crime in Southern Ohio? What you do in the first 48 hours matters — call (740) 532-8744 to speak to an attorney before speaking to anyone.

Other Crimes · R.C. 2921.33

Ohio Resisting Arrest Defense Attorney

Resisting arrest has a built-in defense the State often overlooks: the arrest has to have been lawful in the first place. If it wasn’t, the resisting charge fails.

Ohio Revised Code · R.C. 2921.33

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

Classification & penalty range
CircumstanceClassificationExposure
Resisting arrestMisdemeanor 2Up to 90 days; up to $750
Causing harm to an officerMisdemeanor 1Up to 180 days; up to $1,000
With a deadly weapon / serious harmFelony 4/36–36 months prison
Penalty ranges on this page describe the general Ohio framework and can change with the facts (priors, enhancements, specifications) and with amendments to the Revised Code. This is general information, not legal advice. For the consequences in your specific case, call (740) 532-8744.

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.

Free, Confidential Consultation. Same-Day Response. Two Offices.

An arrest is not a conviction. The sooner an attorney is reviewing the stop, the search, and the State’s evidence, the more options you have. Call now or request a free case review — there is no cost and no obligation.

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