Vinton County, Ohio – Resisting Arrest, Second Degree Misdemeanor

Charge: Aggravated Menacing, First Degree Misdemeanor (maximum 180 days in jail and $1,000 fine), and Resisting Arrest, Second Degree Misdemeanor (maximum 90 days in jail and $750 fine).

Facts: Police arrived at client’s home in response to a 911 call made by client’s oldest child who mistakenly believed that the client was hitting his wife. The police responded to the client’s home to investigate whether the client committed an act of domestic violence. During the investigation the client’s wife and the client repeatedly told the police that nothing happened and that the incident was a misunderstanding. Finally the client told the police to get out of his home. The police arrested my client for allegedly obstructing official business, tasered him with a taser gun and dragged him from his home. While the client was being dragged from his home, he allegedly made a verbal threat against a police officer.

Result: The assistant initially offered to dismiss the Aggravated Menacing charge in exchange for the client’s plea of guilty to the Resisting Arrest charge. After making an aggressive argument and letting the assistant prosecutor know that I would not hesitate to take the case to a jury trial, the State offered to dismiss the Aggravated Menacing charge and reduce the Resisting Arrest charge to a charge of Disorderly Conduct, a Minor Misdemeanor. The client pled guilty and was fined $100.