The game just ended, and thousands of people are pouring out of Ohio Stadium. Someone in your group gets loud, an officer steps in, and suddenly a hand is on your arm. You pull away. Your elbow catches the officer’s chest. Within seconds, you are on the ground in handcuffs.
With anyone else, that moment might lead to a misdemeanor. With a police officer, it is a felony. Ohio law treats contact with an on-duty officer far more seriously than the same contact with a stranger. That includes officers from Ohio State’s own police force.
This guide explains how an assault on a police officer in Franklin County is charged and what sentence it can carry. It also covers the defenses that can change the outcome. If you or a family member was arrested for assaulting a police officer, these are the rules that will shape the case.
Is Assaulting a Police Officer a Felony in Ohio?
Yes, when the officer is on duty. Even the lowest level of the charge is then a fourth-degree felony. Each of Ohio’s three assault offenses moves up when the victim is a peace officer, and a serious injury adds mandatory prison.
| Offense | Usual Level | When the Victim Is an Officer | When the Officer Is Seriously Injured |
| Assault | First-degree misdemeanor | Fourth-degree felony | Fourth-degree felony with at least 12 months of mandatory prison |
| Aggravated assault | Fourth-degree felony | Third-degree felony | Third-degree felony with mandatory prison |
| Felonious assault | Second-degree felony | First-degree felony | First-degree felony with mandatory prison |
The basic rule for simple assault appears in ORC 2903.13. The differences between the three offenses themselves are covered in our breakdown of Franklin County assault charges.
Who Counts as a Peace Officer in Ohio?
The law speaks of an assault on a peace officer, and that term reaches well beyond city police. In Franklin County, the enhanced charge can apply when the person involved is:
- A Columbus police officer or an officer from a suburban department like Dublin, Westerville, or Hilliard.
- A Franklin County sheriff’s deputy.
- An Ohio State University police officer, since university law enforcement officers are peace officers under state law.
- An Ohio State Highway Patrol trooper.
- A housing authority or transit police officer.
The officer must be acting in the performance of official duties. Firefighters and people providing emergency medical care are protected the same way, and assaulting them is also a fourth-degree felony. The mandatory prison rule for serious injuries, however, applies only to peace officers and state crime bureau investigators.
What Is the Minimum Sentence for Assaulting a Police Officer?
It depends almost entirely on the injury. Without a serious injury, prison is possible but not required. With one, the law takes that choice away from the judge.
When the Officer Is Not Seriously Injured
Most cases fall here. A push, a swing, or a struggle during an arrest is usually charged as a fourth-degree felony. The prison range is 6 to 18 months, with a fine of up to $5,000.
Prison is not automatic at this level. A judge can impose community control instead, depending on your record, the facts, and how the case is resolved. That flexibility is where early defense work matters most.
When the Officer Suffers Serious Physical Harm
A serious injury changes the math. The law then requires a mandatory prison term:
- Assault: At least 12 months of mandatory prison.
- Aggravated assault: A mandatory prison term between 9 and 36 months.
- Felonious assault: A mandatory first-degree felony sentence, with a minimum term of 3 to 11 years under Ohio’s indefinite sentencing law.
A mandatory term cannot be replaced with community control, and it limits options like early judicial release. That is why the question of whether an injury counts as “serious physical harm” often becomes the biggest fight in the case.
Charges That Often Come With It
Prosecutors rarely file just one count when an arrest turns physical. Additional charges give them more room to negotiate, and they can add real exposure if the case goes to trial.
Resisting Arrest and Obstructing Official Business
Pulling away or refusing to be handcuffed can support a resisting arrest charge. Unlike assault, resisting arrest requires the arrest itself to be lawful. Getting in the way of an officer’s work can lead to an obstructing official business. Both are usually misdemeanors, but each can become a felony in certain situations. The Meade Law Group breaks down the levels in its guide to resisting arrest charges in Ohio.
Spitting and Bodily Fluid Charges
Spitting on an officer is usually charged under a different law. It is a separate offense under ORC 2921.38. The law covers throwing or expelling blood, urine, or other bodily substances at an officer to harass or alarm them. It is a fifth-degree felony. If the accused knows they carry HIV, hepatitis, or tuberculosis, the charge rises to a third-degree felony.
Can You Resist an Unlawful Arrest in Ohio?
No, with one important exception. Many people believe they can push back against an arrest that is illegal. In Ohio, they cannot.
The leading case came out of Columbus. In Columbus v. Fraley (1975), the Supreme Court of Ohio ruled on exactly this question. A person may not use force to resist an arrest by someone they know, or have good reason to believe, is a police officer. That holds even if the arrest turns out to be unlawful. The place to challenge a bad arrest is the courtroom, not the street.
The exception is excessive force. If an officer uses unnecessary or excessive force, you keep the right to defend yourself. Whether force crossed that line is a factual question, and video evidence often decides it.
How These Cases Move Through Franklin County Courts
Because the charge is a felony, the case follows the felony track from the start.
It usually begins with an initial appearance in Franklin County Municipal Court at 375 South High Street, where bond is set. With an officer as the alleged victim, expect bond and release conditions to be a central issue. The case then goes to a grand jury. If an indictment follows, it moves to the Franklin County Court of Common Pleas.
The Franklin County Prosecutor’s Office handles the case, not a city prosecutor. Columbus officers wear body cameras, and that footage is often the most important evidence in the case.
Defenses to an Assault on a Police Officer Charge
A charge is not a conviction. Each element the state must prove is a place where the case can weaken:
- Excessive force: Self-defense remains available when an officer uses unnecessary force.
- No knowing act: A reflex, a fall, or contact in a crowd is not the same as knowingly causing harm.
- Not on official duty: The felony enhancement requires the officer to be performing official duties.
- Unclear identity: Whether you knew the person was an officer can matter, especially with plainclothes officers.
- Video that contradicts the report: Body camera, bystander, and doorbell footage can undercut the official account.
- No serious physical harm: If the injury does not meet that standard, mandatory prison falls away.
When the evidence is mixed, a negotiated result may be possible. Some cases resolve with a plea to resisting arrest or obstructing official business as a misdemeanor, avoiding a felony record entirely.
Long-Term Consequences of a Conviction
A felony assault on an officer follows you long after the sentence ends.
It cannot be sealed. Ohio excludes felony offenses of violence from record sealing, so this conviction stays on your record. That is a sharp contrast with a misdemeanor assault, which can often be sealed after a waiting period. You can see which convictions do qualify in our overview of sealing a felony in Franklin County.
A felony offense of violence also creates a firearms disability under Ohio law. On top of that, a violent felony can block jobs, professional licenses, and housing for years.
What to Do If You Are Charged With Assault on a Police Officer in Franklin County
The first days after an arrest shape the evidence your lawyer will have to work with:
- Do not discuss the incident: Avoid talking about it with officers, and remember that jail phone calls are recorded.
- Preserve video quickly: Ask witnesses for phone footage, and note nearby businesses or homes with cameras. Many systems overwrite footage within days.
- Write down witnesses: Record names and contact details while memories are fresh.
- Document your own injuries: Take photos and keep any medical records from the arrest.
- Stay off social media: Posts about the arrest can become evidence.
- Call a lawyer before the grand jury acts: Early work can influence how the case is charged.
Talk to Marcus A. Ross Law About Your Case
Cases involving police officers draw close attention from prosecutors, and the stakes rise quickly. Marcus A. Ross began his career in 1997 as an Assistant City Prosecutor with the Columbus City Attorney’s Office. He has spent more than two decades in Franklin County courtrooms since, and he understands how these cases are built.
At Marcus A. Ross Law, our team helps clients facing these charges:
- Video review: Obtaining and analyzing body camera and bystander footage.
- Injury analysis: Challenging whether an injury rises to serious physical harm.
- Negotiation: Seeking reductions that avoid a felony conviction.
- Trial defense: Presenting self-defense and excessive force evidence in court.
Contact Marcus A. Ross and our Franklin County team today.
Frequently Asked Questions
| Question | Answer |
| Is pushing a police officer considered assault? | It can be. Ohio’s assault law covers knowingly causing or trying to cause physical harm. A deliberate shove can meet that standard, while an accidental bump in a crowd may not. |
| What if the person was a security guard, not a police officer? | Usually a regular assault charge applies. Private security guards are generally not peace officers under Ohio law, so the felony enhancement does not reach them. |
| What if the officer was off duty? | It depends on what the officer was doing. The enhancement applies when the officer is performing official duties. An off-duty officer who steps in to make an arrest may still qualify. |
| Can the charge be reduced to a misdemeanor? | Sometimes. Depending on the evidence, prosecutors may accept a plea to a misdemeanor such as resisting arrest. A reduction is never guaranteed. |
| Can I be charged if the officer was not hurt? | Yes. An attempt to cause physical harm is enough for an assault charge, even if the officer walks away without a scratch. |