Ohio Rev. Code » Chapter 2921
Ohio Revised Code

Ohio Rev. Code § 2921.33 (2026)

Resisting arrest

✓ current as of May 2026
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Effective:
September 16, 1997
Latest Legislation:
House Bill 151 - 122nd General Assembly
PDF:
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(A) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another.

(B) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person and, during the course of or as a result of the resistance or interference, cause physical harm to a law enforcement officer.

(C) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person if either of the following applies:

(1) The offender, 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;

(2) The offender, during the course of the resistance or interference, brandishes a deadly weapon.

(D) Whoever violates this section is guilty of resisting arrest. A violation of division (A) of this section is a misdemeanor of the second degree. A violation of division (B) of this section is a misdemeanor of the first degree. A violation of division (C) of this section is a felony of the fourth degree.

(E) As used in this section, "deadly weapon" has the same meaning as in section 2923.11 of the Revised Code.
Notes of Decisions
Cited in 393 cases (152 in the last 5 years), 1981–2026 · leading case: City of Akron v. Callaway, 835 N.E.2d 736 (Ohio Ct. App. 2005).
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City of Akron v. Callaway, 835 N.E.2d 736 (Ohio Ct. App. 2005). · cites it 15× “13 [resisting arrest], as it conflicts with R.C. § 2921.33 in permitting convictions where the arrest was not proven to be lawful.”
State v. McCrone, 580 N.E.2d 468 (Ohio Ct. App. 1989). · cites it 10× “Assignment of Error 2 “The trial court erred in failing to grant defendant’s motion for judgment of acquittal on the charge of resisting arrest (O.R.C. 2921.33) at the conclusion of all evidence.”
State v. Harvey, 2020 Ohio 329 (Ohio Ct. App. 2020). · cites it 4× “{¶7} On November 20, 2018, Harvey was charged with one count of resisting arrest in violation of R.C. 2921.33(A); one count of obstructing official business in violation of R.”
State v. Madding, 2011 Ohio 3865 (Ohio Ct. App. 2011). · cites it 21× “Neither the name nor the identity of the offense of resisting arrest in violation of R.C. 2921.33 was changed when the Revised Code designation in the complaint was amended.”
State v. Johnson, 453 N.E.2d 1101 (Ohio Ct. App. 1982). · cites it 7× “That court, at page 256, noted the appropriate standard for a “lawful arrest,” to wit: “* * * If the facts surrounding Ms.”
State v. Terry, 2016 Ohio 3484 (Ohio Ct. App. 2016). · cites it 4× “31, and without this charge there can be no validity to the charge of resisting arrest, R.C. 2921.33.” Terry’s first argument here focuses on the sufficiency of the evidence supporting the conviction for obstructing official business.”
State v. Armstrong-Carter, 2021 Ohio 1110 (Ohio Ct. App. 2021). · cites it 6× “* * * “ ‘ [T]he absence of excessive or unnecessary force is not a material element of the crime of resisting arrest as defined in R.C. 2921.33.’ ” [Blanchester v. Newland, 12th Dist.”
City of Elyria v. Tress, 595 N.E.2d 1031 (Ohio Ct. App. 1991). · cites it 6× “19(A)(1), and resisting arrest, R.C. 2921.33(A). Shortly after 11:00 p.m.”
Lamar Wright v. City of Euclid, 962 F.3d 852 (6th Cir. 2020). “2018); see Ohio Rev. Code § 2921.33(A) (“No person, recklessly or by force, shall resist or interfere with a lawful arrest .”
State v. Fussell, 2011 Ohio 4815 (Ohio Ct. App. 2011). · cites it 10× “Because there is insufficient evidence establishing that Fussell caused Officer Telegdy’s injury, we must address Fussell’s conviction for resisting arrest in violation of R.”
State v. Pierce, 2017 Ohio 4223 (Ohio Ct. App. 2017). · cites it 3× “31(A) and resisting arrest in violation of R.C. 2921.33(A). Doc. 1, 2. The jury trial was set for November 2, 2016.”
Mansfield v. Studer, 2012 Ohio 4840 (Ohio Ct. App. 2012). · cites it 3× “2011-CA-93 & 2011-CA-94 29 {¶89} With regard to the resisting arrest charge, the elements are set forth in R.C. 2921.33, which provides in pertinent part, “(A) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another.”
Show all 393 citing cases →
— Ohio Rev. Code § 2921.33(A) — 226 cases
State v. Harvey, 2020 Ohio 329 (Ohio Ct. App. 2020). “{¶7} On November 20, 2018, Harvey was charged with one count of resisting arrest in violation of R.C. 2921.33(A); one count of obstructing official business in violation of R.”
State v. McCrone, 580 N.E.2d 468 (Ohio Ct. App. 1989). “Assignment of Error 2 “The trial court erred in failing to grant defendant’s motion for judgment of acquittal on the charge of resisting arrest (O.R.C. 2921.33) at the conclusion of all evidence.”
City of Elyria v. Tress, 595 N.E.2d 1031 (Ohio Ct. App. 1991). “19(A)(1), and resisting arrest, R.C. 2921.33(A). Shortly after 11:00 p.m.”
Lamar Wright v. City of Euclid, 962 F.3d 852 (6th Cir. 2020). “2018); see Ohio Rev. Code § 2921.33(A) (“No person, recklessly or by force, shall resist or interfere with a lawful arrest .”
State v. Armstrong-Carter, 2021 Ohio 1110 (Ohio Ct. App. 2021). “* * * “ ‘ [T]he absence of excessive or unnecessary force is not a material element of the crime of resisting arrest as defined in R.C. 2921.33.’ ” [Blanchester v. Newland, 12th Dist.”
— Ohio Rev. Code § 2921.33(A)(1) — 2 cases
State v. Ewing, 2017 Ohio 7194 (Ohio Ct. App. 2017).
State v. Madding, 2011 Ohio 3865 (Ohio Ct. App. 2011). “Neither the name nor the identity of the offense of resisting arrest in violation of R.C. 2921.33 was changed when the Revised Code designation in the complaint was amended.”
— Ohio Rev. Code § 2921.33(A)(D) — 3 cases
State v. Ahmad, 2018 Ohio 3556 (Ohio Ct. App. 2018).
State v. Ahmad, 2017 Ohio 6991 (Ohio Ct. App. 2017).
State v. Ahmad, 2021 Ohio 1418 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2921.33(B) — 53 cases
State v. Madding, 2011 Ohio 3865 (Ohio Ct. App. 2011). “Neither the name nor the identity of the offense of resisting arrest in violation of R.C. 2921.33 was changed when the Revised Code designation in the complaint was amended.”
State v. Pitts, 2022 Ohio 4172 (Ohio Ct. App. 2022).
State v. Fussell, 2011 Ohio 4815 (Ohio Ct. App. 2011). “Because there is insufficient evidence establishing that Fussell caused Officer Telegdy’s injury, we must address Fussell’s conviction for resisting arrest in violation of R.”
State v. Buckley, 2019 Ohio 3991 (Ohio Ct. App. 2019).
State v. Devaughn, 2020 Ohio 651 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2921.33(B)(C) — 1 case
State v. Blanton, 2025 Ohio 237 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2921.33(B)(D) — 2 cases
State v. Hill, 2014 Ohio 919 (Ohio Ct. App. 2014).
State v. Sisson, 2023 Ohio 1273 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2921.33(B)(c)(5)(a) — 1 case
Cooper v. Youngstown, 2016 Ohio 7184 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 2921.33(C) — 3 cases
State v. Simms, 844 N.E.2d 1212 (Ohio Ct. App. 2005).
State v. Holladay, 2020 Ohio 5459 (Ohio Ct. App. 2020).
Damato v. Kasimer (N.D. Ohio 2020).
— Ohio Rev. Code § 2921.33(C)(1) — 6 cases
State v. Stevens, 2020 Ohio 6981 (Ohio Ct. App. 2020).
State v. Holladay, 2020 Ohio 5459 (Ohio Ct. App. 2020).
State v. Stevens, 2022 Ohio 3781 (Ohio Ct. App. 2022).
State v. Schmidt, 2019 Ohio 3990 (Ohio Ct. App. 2019).
State v. Latimore, 2011 Ohio 3562 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2921.33(C)(2) — 7 cases
Render v. Warden, S. Ohio Corr. Facility, 889 F. Supp. 2d 1014 (S.D. Ohio 2012).
State v. Dean, 2018 Ohio 1317 (Ohio Ct. App. 2018).
State v. Watson, 2025 Ohio 515 (Ohio Ct. App. 2025).
State v. Miller, 2024 Ohio 913 (Ohio Ct. App. 2024).
State v. Ackert, 2024 Ohio 5676 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2921.33(C)(5)(a)(ii) — 2 cases
State v. Austin, 2019 Ohio 686 (Ohio Ct. App. 2019).
State v. Carter, 2019 Ohio 3443 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2921.33(D) — 6 cases
State v. Brauchler, 2020 Ohio 2731 (Ohio Ct. App. 2020).
State v. Swift, 2023 Ohio 1435 (Ohio Ct. App. 2023).
Akron v. Ragsdale, 2025 Ohio 1048 (Ohio Ct. App. 2025).
State v. Kornilov, 2012 Ohio 6218 (Ohio Ct. App. 2012).
State v. Norris, 2020 Ohio 764 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2921.33(E) — 1 case
State v. Austin, 2019 Ohio 686 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2921.33(O) — 1 case
State v. Larrick, 2023 Ohio 4663 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2921.33(a) — 2 cases
Hicks v. City of Akron (N.D. Ohio 2024).
Spencer v. Cleveland Clinic Found. (N.D. Ohio 2022).
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