As if the actual arrest for allegedly operating a vehicle under the influence of alcohol or drugs (OVI) isn’t bad enough, alleged offenders who are also charged with resisting arrest can face additional difficulties in court. Prosecutors tend to take a negative view of any interference with law enforcement duties and will seek to obtain the toughest penalties from unsympathetic judges in such cases.
Unfortunately, allegations of resisting arrest can be exaggerated or completely fabricated. Alleged offenders should immediately seek the help of an experienced attorney who can find the flaws in police reports and prosecutor’s cases that lead to criminal charges being reduced or dismissed.
Lawyer for Resisting Arrest in Cincinnati, Ohio
Were you charged with allegedly resisting arrest when you were stopped for OVI in Central Ohio? The Joslyn Law Firm aggressively defends clients accused of both of these offenses in Cincinnati and surrounding areas of Hamilton County like Norwood, Middletown, Hamilton, and Lebanon.
Brian Joslyn is a skilled Cincinnati DUI attorney who also handles cases in neighboring communities like Mason in Franklin County, Butler in Butler County, and Oxford in Clinton County. Call (513) 339-6289 today to have him review your case during a free, confidential consultation.
Overview of Resisting Arrest in Hamilton County
- When is resisting arrest considered a felony in Ohio?
- What are the possible sentences alleged offenders might receive if convicted?
- Where can I find more information about my rights dealing with police?
The crime of resisting arrest is defined under Ohio Revised Code § 2921.33 as being when a person, recklessly or by force, resists or interferes with a lawful arrest of the person or another person. In most cases, this is a second-degree misdemeanor.
The crime becomes more serious if there are certain aggravating factors. If the alleged offender, recklessly or by force, resists or interferes with a lawful arrest of the person or another person and either:
- during the course of or as a result of the resistance or interference, causes physical harm to a law enforcement officer, the offense becomes a first-degree misdemeanor; and
- either, during the course of or as a result of the resistance or interference, recklessly causes physical harm to a law enforcement officer by means of a deadly weapon, or during the course of the resistance or interference, brandishes a deadly weapon, the offense becomes a fourth-degree felony.
The possible sentences for a resisting arrest offense could potentially be more serious than some driving under the influence (DUI) punishments. Depending on the specific classification of the charge, an alleged offender could receive one of the following sentences:
- Second-Degree Misdemeanor — Maximum sentence of 90 days in jail and/or a maximum fine of $750;
- First-Degree Misdemeanor — Maximum sentence of six months in jail and/or a maximum fine of $1,000; or
- Fourth-Degree Felony — Maximum sentence of 18 months in prison and/or a maximum fine of $5,000.
A resisting arrest conviction can also have devastating long-term consequences for alleged offenders. Having this crime reflected on a criminal record can lead to many difficulties when it comes to employment, housing, or other applications.
Cincinnati Cop Block — Cincinnati Ohio Cop Block describes itself as “a decentralized project supported by a diverse group of individuals united by their shared goal of police accountability.” On this Facebook page, you can find a link to the national website for Cop Block, which features tips, smartphone apps, and answers to frequently asked questions about dealing with police.
How to Flex Your Rights During Police Encounters — As a 501(c)(3) educational nonprofit civil liberties organization, Flex Your Rights claims to be “laser-focused on improving the constitutional literacy of all Americans.” You can find links to videos, answers to frequently asked questions, and numerous success stories on this website. Flex Your Rights also maintains a blog and a shop with DVDs concerning education about your rights dealing with police.
Find a Resisting Arrest Lawyer in Cincinnati, OH
If you have been charged with resisting arrest during an OVI stop in Central Ohio, it will be in your best interest to immediately retain legal counsel willing and able to fight to protect your rights throughout the criminal process. The Joslyn Law Firm represents alleged offenders charged with DUI and related offenses in the greater Cincinnati area and surrounding areas such as Fairfield in Clermont County, Marysville in Warren County, and Wilmington in Greene County.
Brian Joslyn is an award-winning criminal defense attorney in Cincinnati, Ohio, who has been nationally ranked as a Top 10 Attorney by the National Academy of Criminal Defense Attorneys. He can provide a complete evaluation of your case and discuss possible defenses as soon as you call (513) 339-6289 or complete an online form to set up a free consultation.