National Academy of Criminal Defense Attorneys
RUE Ratings - Best Attorneys of America
"Brian Joslyn is an Award-Winning Criminal and DUI Defense attorney who, along with his team at The Joslyn Law Firm, have handled hundreds of criminal cases and helping their clients obtain the best results possible."

Resisting Arrest

Any person who allegedly interferes with the legal duties of a law enforcement officer can face very serious penalties. Judges and prosecutors take a harsh view toward alleged offenders who are accused of resisting arrest in Ohio.

Of course, there is often much more to the story behind these types of criminal charges. In some cases, the allegations are exaggerated, unsubstantiated, or possibly even fabricated.

Lawyer for Resisting Arrest Charges in Dayton, OH

Have you been charged with resisting arrest in Ohio? The Joslyn Law Firm aggressively defends clients throughout the greater Dayton area of Montgomery County, including Huber Heights and Kettering.

Attorney Brian Joslyn fights resisting arrest or obstruction charges in the surrounding communities of Beavercreek and Fairborn in Greene County, Troy and Piqua in Miami County, and Springfield in Clark County.

Call (937) 356-3969 right now to schedule a free consultation that will allow our lawyers to review your case and begin developing your legal defense.


Resisting Arrest Information Center


Back to top

Resisting Arrest Charges in Ohio

Under Ohio Revised Code § 2921.33, the classification of a resisting arrest charge depends on whether there were certain aggravating factors. The range of possible classifications includes:

  • Second-Degree Misdemeanor — If a person, recklessly or by force, resists or interferes with a lawful arrest of the person or another person;
  • First-Degree Misdemeanor — If a person, recklessly or by force, resists or interferes with a lawful arrest of the person or another person and, during the course of or as a result of the resistance or interference, causes physical harm to a law enforcement officer; and
  • Fourth-Degree Felony — If a person, 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, 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.

A deadly weapon is defined in Ohio Revised Code § 2923.11 as being “any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.”


Back to top

Penalties for Resisting Arrest in Dayton, OH

A conviction in Ohio for resisting arrest can have extremely long-lasting consequences. People with this charge on their criminal records can experience tremendous difficulty obtaining employment, housing, or even certain lines of credit.

Additionally, a conviction also carries some very stiff immediate punishments. Depending on the classification of the crime, a sentence for resisting arrest may result in any of the following:

  • Second-Degree Misdemeanor — Up to 90 days in jail and/or a fine of up to $750;
  • First-Degree Misdemeanor — Up to six months in jail and/or a fine of up to $1,000; or
  • Fourth-Degree Felony — Up to 18 months in prison and/or a fine of up to $5,000.

Back to top

Ohio Resources for Resisting Arrest

American Civil Liberties Union (ACLU) of Ohio — The ACLU is a nonpartisan, nonprofit organization with local affiliates in all 50 states and Puerto Rico. You can learn more about recent news, upcoming events, and current issues in Ohio on this website. Additional information includes a blog, a criminal justice docket, and answers to frequently asked questions.

Dayton Chapter
Wright State University
Special Collections and Archives
3640 Colonel Glenn Highway
Dayton, OH 45435-0001
(937) 775-2525

How to Flex Your Rights During Police Encounters — Flex Your Rights (Flex) is a 501(c)(3) educational nonprofit civil liberties organization. On this website, you can find answers to frequently asked questions about traffic stops, police encounters at your door, and other general questions. Flex also discusses popular myths and maintains a blog relating to recent news.

How to Deal with Police (cheat sheet) | Cop Block — Cop Block describes itself as “a decentralized organization made up of a diverse group of individuals united by their shared belief that, ‘Badges Don’t Grant Extra Rights.’” This chart provides information about an individual’s rights during encounters with police while walking, driving, or at a checkpoint.


Back to top

Find a Lawyer for Resisting Arrest Charges in Dayton

If you have been charged with allegedly resisting arrest in Ohio, it is in your best interest to immediately retain legal counsel. The Joslyn Law Firm fights to protect the rights of clients accused of violent crimes all over Dayton and Montgomery County as well as many communities in nearby areas of Clark County, Miami County, and Greene County.

Brian Joslyn is an award-winning Dayton criminal defense attorney who prides himself on being a constitutional rights advocate. He can provide a complete evaluation of your case as soon as you call (937) 356-3969 or submit an online form to arrange a free, confidential consultation.


Back to top


Click Here to Request Your Free Consultation

Free Consultation

All fields are required.

In The News

Check Out Our Latest Video

Fox 28, NBC 4, ABC 6, WBNS 10 - CBS, The Columbus Dispatch, the Plain Dealer