Resisting Arrest, Obstructing Criminal Defense Lawyer

Obstructing Official Business and Resisting Arrest are frequently charged in the Bowling Green Municipal Court.
Obstructing Official Business is often mischarged by the police and there are several possible defenses built into the statute. The statute provides:
(A) No person, without privilege to do so and with purpose to prevent, obstruct, or delay the performance by a public official of any authorized act within the public official’s official capacity, shall do any act that hampers or impedes a public official in the performance of the public official’s lawful duties.
(B) Whoever violates this section is guilty of obstructing official business. Except as otherwise provided in this division, obstructing official business is a misdemeanor of the second degree. If a violation of this section creates a risk of physical harm to any person, obstructing official business is a felony of the fifth degree.
Several key factors come into play here. For instance, was the public official actually authorized to perform the act you allegedly obstructed? Did you have privilege or did you act without purpose to obstruct? Did your actions actually hamper or delay the officer in a meaningful way?
Something that has always bothered me as a lawyer is people who were charged with obstructing official business or resisting arrest for running from the police. If you are suspected of committing a crime, the police can direct you to stop. However, running from the police – by itself – is not a crime. It may land you in jail – so I do not advise it – but you may have a strong argument in court.
Resisting Arrest is often charged when a person is uncooperative with the police. Depending on the circumstances Resisting Arrest can be charged as a misdemeanor of the second degree, a misdemeanor of the first degree, and even a felony of the fourth degree.