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Criminal charges

evading arrest or detention

A person commits a criminal offense (crime) if they intentionally flee from a person they know or should know is a peace officer or federal special investigator attempting to lawfully arrest or detain them. A person will be subject to higher penalties if they use a motor vehicle or watercraft while evading arrest or detention, or cause injury to another person. This criminal offense is also known as “fleeing and eluding.”

In Ohio, fleeing and eluding is addressed under Ohio Revised Code Section 2921.331. It is a criminal offense for a person to willfully flee or attempt to elude a law enforcement officer after receiving a visible or audible signal to stop. The severity of the offense can range from a first-degree misdemeanor to a third-degree felony, depending on the circumstances. If the act of fleeing and eluding involves the use of a motor vehicle or watercraft, the offense is typically elevated to a felony. Additionally, if the act results in a high speed chase or causes physical harm to persons or property, the penalties become more severe. The law recognizes the increased risk to public safety when fleeing involves high speeds or results in injury, and Ohio courts are authorized to impose higher penalties, including longer prison terms, higher fines, and driver's license suspension, to reflect the seriousness of such actions.


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