The criminal offense of resisting arrest—also known as resisting a peace officer—occurs when a person uses any amount of physical force to resist, delay, or obstruct a police officer during an arrest. The resistance that gives rise to a criminal offense may be slight and includes (1) struggling with police officers as they try to place handcuffs on a person and (2) giving police a false name during questioning.
Resisting arrest laws vary from state to state—in California, for example, the law includes delaying or obstructing an emergency medical technician. Resisting arrest is usually a misdemeanor offense. Resisting arrest laws are generally located in a state’s statutes—often in the penal or criminal code.
In Ohio, the criminal offense of resisting arrest is codified under Ohio Revised Code Section 2921.33. It is defined as recklessly or by force resisting or interfering with a lawful arrest of the person or another. This includes situations where a person struggles while being handcuffed or provides false information to the police during an arrest or questioning. Resisting arrest in Ohio is typically classified as a misdemeanor of the first degree. However, if the act creates a risk of physical harm to any person, it can be elevated to a felony of the fourth degree. It's important for individuals in Ohio to understand that any physical resistance or obstruction during an arrest, even if slight, can lead to charges of resisting arrest. An attorney can provide more detailed information on how this law might apply in specific circumstances.
