Have you been charged with resisting arrest in Port Clinton, Ohio? Wisehart Wright Trial Lawyers can help. A resisting arrest charge can impact your life and your future; don’t let it. Our attorneys have 181 years of combined experience and know what it takes to challenge the prosecution’s case for resisting arrest.
Call us at (419) 871-3995 today for a free case evaluation with a Port Clinton resisting arrest lawyer.
How Can Wisehart Wright Trial Lawyers Help if You’re Charged With Resisting Arrest in Port Clinton, OH?
Facing criminal charges in Port Clinton, OH, can be a complex and challenging experience. Wisehart Wright Trial Lawyers work hard to defend your rights and to provide the skilled legal representation you deserve.
When you hire us, we can:
- Investigate your arrest
- Review body cam footage, police reports, and witness statements
- Challenge unlawful arrests and constitutional violations
- Negotiate with prosecutors to reduce or dismiss charges
- Prepare a strong defense strategy for trial if necessary
Our goal is to protect your freedom and minimize the potential long-term consequences of a conviction for resisting arrest. Speak with our Port Clinton criminal defense attorneys today to get started with a free case review.
What Is Resisting Arrest?
Ohio law defines resisting arrest under Ohio Revised Code § 2921.33 as resisting or interfering with a lawful arrest.
This can include:
- Struggling with or pulling away from an officer
- Running from law enforcement during an arrest attempt
- Using force or threats against an officer
- Obstructing another person’s arrest
Resisting arrest charges often occur during traffic stops, especially in cases involving suspected drunk driving. If an officer believes you are driving under the influence (DUI) and you hesitate, argue, or pull away during the arrest, you may face both charges. Our Port Clinton resisting arrest attorneys defend clients against both DUI and resisting arrest charges, protecting their rights at every stage.
What Are the Penalties for Resisting Arrest in Ohio?
The penalties for resisting arrest depend heavily on the details of the situation and the severity of the underlying offense the individual was initially suspected of committing.
In Ohio, penalties range from:
- Second-degree misdemeanor: Most resisting arrest charges fall here. Penalties can include up to 90 days in jail and fines of up to $750.
- First-degree misdemeanor: If you cause physical harm to an officer, penalties can be up to 180 days in jail and fines of up to $1,000.
- Fourth-degree felony: Charged if your actions create a risk of serious physical harm. Conviction can lead to 6–18 months in prison and fines up to $5,000.
Besides these penalties, a conviction can leave you with a permanent criminal record, making it harder to find work, housing, or professional opportunities.
What Defenses Can Be Raised Against Resisting Arrest Charges?
Facing charges for resisting arrest in Ohio can be a complex and challenging situation; however, it’s important to remember that various defenses may be available. Every case presents unique circumstances, and a thorough evaluation by an experienced Port Clinton criminal defense lawyer can make the difference between conviction and dismissal.
However, there are common defenses frequently raised against resisting arrest charges.
Unlawful Arrest
Importantly, any arrest must be lawful. An individual cannot be legitimately arrested without probable cause. Your defense may rely on the officer’s actions if there was no probable cause or your rights were otherwise violated.
Probable cause requires the arresting officer to have a reasonable belief—supported by actual facts and circumstances—that a crime had been or was being committed. Without probable cause, the arrest itself may have been unlawful. Under these circumstances, any resistance could be seen as a reaction to illegal detention.
Self-Defense Against Excessive Force
While citizens are generally expected to comply with lawful commands from law enforcement, the law recognizes the right to self-defense. If an arresting officer uses excessive, unwarranted, or unlawful force during an arrest, an individual may argue that their actions were necessary to protect themselves — even if they appeared to be resisting.
Self-defense is considered an “affirmative defense” in Ohio. This means the defendant has to prove they were acting in self-defense. Our Port Clinton criminal defense attorneys can help you determine if this defense (or any other) applies to your case.
Mistaken Identity
Chaotic environments, poor lighting, or high-stress situations can lead to errors in identification by law enforcement. If you can demonstrate that you were not the person the officers lawfully intended to arrest, then the charge of resisting your arrest might be invalid since they weren’t actually trying to arrest you.
There are several defenses that can undermine the prosecution’s case. Our Ohio criminal defense lawyers have the knowledge and skills necessary to evaluate the specific nuances of your case. They can identify the strongest possible defenses, gather crucial evidence, and advocate to protect your rights.
Consequences of a Resisting Arrest Conviction
Beyond jail time and fines, a conviction for resisting arrest in Ohio can have lasting impacts.
These are typically referred to as “collateral consequences,” and can include:
- A permanent criminal record
- Difficulty securing employment or housing
- Immigration consequences for non-citizens
- Strained personal and professional relationships
That’s why fighting these charges aggressively with skilled legal counsel is critical to safeguard your life and your future.
Schedule a Free Case Evaluation With Our Port Clinton Resisting Arrest Attorneys Today
Being accused of resisting arrest in Port Clinton, OH, is serious — but you don’t have to face it alone. At Wisehart Wright Trial Lawyers, we will fight to protect your rights, challenge the state’s evidence, and work to safeguard your future.
For more information, call us today to have your case reviewed—at no cost—by an experienced Port Clinton resisting arrest lawyer.