Resisting Arrest
Consequences of resisting arrest in Ohio - and how to defend against it.
Charged with Resisting Arrest in Toledo? What You Need to Know
Getting arrested is stressful enough—but being charged with resisting arrest can turn a minor encounter into a far more serious criminal case. Even if you didn’t intend to resist or didn’t understand what was happening, Ohio law allows police to charge you for interfering with or obstructing your own arrest—and the penalties can be significant.
If you’ve been charged with resisting arrest in Toledo or anywhere in Lucas County, don’t make the mistake of thinking it’s just a “throwaway” charge. These cases can affect your record, your freedom, and your future. At Brian C. Morrissey, Attorney at Law, we defend people accused of resisting arrest and help them fight back.
What Is Resisting Arrest Under Ohio Law?
Under Ohio Revised Code § 2921.33, resisting arrest occurs when someone:
“Recklessly or by force, resists or interferes with a lawful arrest of the person or another.”
This includes:
· Physically pulling away or running from an officer
· Refusing to be handcuffed or placed in a cruiser
· Tensing up or not following physical instructions
· Attempting to stop another person from being arrested
· Causing injury to an officer during an arrest (even unintentionally)
Levels of Resisting Arrest Charges
The seriousness of the charge depends on whether force or harm was involved. For a first offense, a charge of resisting arrest can carry up to 90 days in jail and a $750 fine.
Common Scenarios That Lead to This Charge
In many cases, resisting arrest is added during a chaotic moment, often when:
· Someone is confused or scared during the arrest process
· Alcohol or stress leads to uncooperative behavior
· Police use force, and the person reacts defensively
· The individual asks questions or tries to move away
· An unrelated minor charge escalates into a confrontation
This is especially common during arrests involving:
· Public intoxication
· Disorderly conduct
· Domestic calls
· Traffic stops with outstanding warrants
Unfortunately, resisting arrest charges are sometimes used to justify excessive force or create leverage for the prosecution.
Defenses to Resisting Arrest in Ohio
Just because you were charged doesn’t mean you’re guilty. Some defenses include:
🔹 Unlawful or Improper Arrest
If the underlying arrest was not lawful (e.g., no probable cause), resisting that arrest may not be a crime.
🔹 Lack of Force or Resistance
Tensing up or asking questions is not the same as resisting. The officer’s interpretation may be exaggerated or inaccurate.
🔹 Self-Defense Against Excessive Force
You have the right to protect yourself from unnecessary or excessive police force, even during a lawful arrest.
🔹 Lack of Criminal Intent
Resisting arrest requires a mental state of “recklessness.” If your actions were confused, accidental, or nonthreatening, the charge may not hold.
Why These Charges Are So Serious
Resisting arrest cases are heavily scrutinized by prosecutors and judges because they involve officer safety. A conviction can lead to:
· A permanent criminal record
· Jail time even for first-time offenders
· Ineligibility for diversion programs
· Probation or community control
· Future complications with employment, housing, or immigration
That's why it’s essential to have an experienced defense attorney who understands both the legal standards and the local court system.
How We Defend Resisting Arrest Cases in Toledo
At Brian C. Morrissey, Attorney at Law, we investigate every angle, including:
· Reviewing body camera and dashcam footage
· Requesting officer training and use-of-force reports
· Challenging the legality of the underlying arrest
· Presenting evidence of confusion, fear, or lack of resistance
· Negotiating for reduction or dismissal of the charge
· Pursuing diversion or expungement options when available
We represent clients in Toledo Municipal Court, Lucas County Court of Common Pleas, and surrounding jurisdictions.
Take Control of Your Case Now
If you’ve been charged with resisting arrest in Toledo, Maumee, Oregon, Sylvania, or anywhere in Lucas County, time is critical. The sooner we get involved, the better your chances of protecting your record and your rights.
📞 Call Brian C. Morrissey, Attorney at Law at (419) 830-7441
🌐 Visit www.brianmorrisseylaw.com
📧 Email: brian@brianmorrisseylaw.com
We’ll help you understand your legal options and fight for the best outcome.
