What to Do If You’re Facing Charges for Evading a DWI Arrest

The Consequence of Evading a DWI Detainment

Imagine you’re stopped by the police on suspicion of driving while impaired. You might believe that because of your level of intoxication, an arrest is unavoidable. In a brief moment of panic, you consider running away—jumping a fence or fleeing on foot—to escape detainment. However, taking these actions will only make your legal problems much worse. Not only will you face the original DWI charge, but you will also face new penalties for resisting arrest.

In the state of Ohio, fleeing from, resisting, or trying to escape a lawful arrest is strictly against the law. This can result in a resisting arrest charge, which might even become a felony depending on the details of your situation. If you or a loved one is accused of obstructing justice, it is absolutely vital to get legal help right away, such as consulting a St. Clairsville OVI attorney to understand your rights and possible defense options.

Seeking Legal Representation in Ohio for Resisting Arrest Charges

Running from police custody might feel like an easy way out at the time, but it actually creates a much bigger problem. Adding a resisting arrest charge to your record will only multiply the legal hurdles you have to overcome. In situations like this, speaking with a skilled St. Clairsville OVI attorney is highly recommended. The Youngstown Criminal Law Group is here to help individuals dealing with these serious accusations.

Our team at the Youngstown Criminal Law Group is dedicated to defending our clients within Ohio’s legal system. We have the experience and the resources needed to build a strong defense for your specific situation. You can reach out to us at (330) 791-8104 to schedule a completely free initial consultation. We proudly represent clients throughout Belmont County. Keep in mind that dealing with criminal charges is stressful, and trying to handle Ohio’s legal system on your own is incredibly difficult. You need an experienced St. Clairsville criminal lawyer to fight for your rights and work toward the best possible result for your case.

Understanding Resisting Arrest in Ohio Law

Under Ohio law, if a person tries to stop an arrest by running away, physically fighting back, or getting in the way of law enforcement, they are committing a crime. The penalties get significantly harsher if weapons are involved or if a police officer gets hurt. Here is a look at what legally counts as resisting arrest, according to section 2921.33 of the Ohio Revised Code:

• Active Resistance: When someone forcefully fights against or blocks an arrest, doing so on purpose or with reckless disregard.
• Injury Caused to Officers: If a police officer is injured while the person is resisting or interfering, the criminal charges become much more serious.
• Use of Deadly Weapons: Having or showing a deadly weapon during the incident. In Ohio, a deadly weapon is defined as any object meant to cause harm or capable of causing death.

Potential Consequences for Resisting Arrest

The punishment for resisting arrest depends heavily on the specific details of the incident. Standard penalties usually include the following:

• For Non-Aggressive Resistance (2nd-degree misdemeanor):
  • Up to 90 days in jail
  • A fine of up to $750
• If an Officer is Harmed (1st-degree misdemeanor):
  • Up to 180 days in jail
  • A fine of up to $1,000
• Involving a Deadly Weapon (4th-degree felony):
  • Up to 18 months in prison
  • A fine of up to $5,000

Time Frame to Prosecute

In Ohio, there is a statute of limitations that gives prosecutors a specific amount of time to file charges. This rule exists to make sure cases are dealt with quickly and that the evidence used is still fresh and reliable.

• For misdemeanors, such as standard resisting arrest, the state must file charges within two years.
• For a felony resisting arrest charge, prosecutors have up to six years. This time frame can stretch up to twenty years if the situation also involves aggravated assault charges.

Supplementary Information

• Prison Policy Initiative: A non-profit group focused on reducing over-criminalization in the United States and tackling problems like overcrowded prisons.
• Resisting Arrest Laws in Ohio: Resources where you can find more details about what legally defines resisting arrest and the different penalties involved.
• If you are facing related legal issues, a St. Clairsville OVI attorney can help explain your options and defenses under Ohio law.

Legal Support for Resisting Arrest Charges

Dealing with resisting arrest charges requires a strong and knowledgeable legal defense. If you are in the area, you should look for a reliable attorney who is committed to protecting your future. Having a dedicated St. Clairsville criminal lawyer by your side can make all the difference. You can call us at (330) 791-8104 for a free initial consultation to go over the details of your case.