Blog Home How Illinois Law Treats Resisting Arrest Charges
Resisting arrest charges can have serious consequences, including fines, probation, and even jail time. If you are accused of this crime, you need to know how Illinois law treats resisting arrest charges. You also need to have an experienced Illinois criminal defense attorney on your side who can guide you through the complex legal system.
At the Law Offices of Andrew M. Weisberg, we are dedicated to providing strong legal representation and fighting for the rights of individuals facing resisting arrest charges in Illinois. Contact us today to schedule a confidential consultation, and let us help you navigate your legal options.
What Is Resisting Arrest Under Illinois Law?
Illinois defines resisting arrest under 720 ILCS 5/31-1. A person commits this offense when they knowingly resist or obstruct a peace officer in the performance of their duties. This can include physically pulling away or running from the police, preventing an officer from placing someone in custody, or interfering with an ongoing arrest of another person. However, “obstruction” is broadly interpreted and may involve passive resistance, refusing commands, or not complying fast enough. Even if the original arrest was unlawful, resisting arrest can still be charged separately, although this can be a point of defense.
Common Scenarios That Lead to Charges
Resisting arrest charges can stem from various scenarios. Some common situations that lead to these charges include arguing with or questioning an officer during a traffic stop, recording an arrest, not moving away quickly enough from the scene, pulling away during handcuffing, attempting to walk away while being detained, and assisting a friend or family member during their arrest. Unfortunately, misunderstandings or fear often play a significant role in these charges, particularly in fast-moving situations.
Penalties for Resisting Arrest in Chicago, Illinois
Resisting or obstructing a peace officer in Chicago, Illinois is considered a Class A misdemeanor. If convicted, you could face up to 364 days in jail, fines of up to $2,500, and mandatory 100 hours of community service. However, if the act causes injury to the officer, the charge may be upgraded to a Class 4 felony, carrying a prison term of 1 to 3 years and fines of up to $25,000. A conviction for resisting arrest will result in a permanent criminal record, which can significantly impact employment, licensing, and housing opportunities.
How Prosecutors Build Resisting Arrest Cases
Resisting arrest cases are often based solely on an officer’s version of events, without any independent witnesses or video evidence. If body camera footage is available, it may either contradict or support the police’s claims. Officers may allege “noncompliance” or “tensing up” as forms of resistance. These vague claims are often used to justify the use of excessive force or to retaliate against assertive individuals. At the Law Offices of Andrew M. Weisberg, we thoroughly scrutinize every detail of police reports and footage to expose weak or unjustified charges. Our goal is to ensure that our clients receive fair treatment and are not unjustly convicted.
Effective Defenses Against Resisting Arrest Charges
When facing charges of resisting arrest, you need a strong defense strategy. Some effective defenses your Chicago, Illinois criminal defense lawyer can use include the following:
- Lack of intent: The law requires the action to be knowing, so panic or confusion doesn’t meet the legal threshold.
- Unlawful arrest: While not a complete defense, it can help undermine the credibility of the officer’s account.
- No physical interference: Passive or verbal disagreement is often mischaracterized as resistance.
- Video or witness contradiction: Surveillance footage, body cam recordings, or eyewitness testimony can disprove the officer’s narrative.
- Medical conditions or fear-based reactions: Certain behaviors during an arrest may be explained by underlying medical conditions or fear.
At the Law Offices of Andrew M. Weisberg, we build strong and personalized defenses to minimize or dismiss resisting arrest charges through strategic negotiation or trial advocacy. Our well-versed Illinois criminal defense attorney understands the intricacies of Illinois criminal defense law and will fight to protect your rights and future.
Why You Should Never Plead Guilty Without a Chicago, Illinois Criminal Defense Lawyer
When charged with resisting arrest, prosecutors may pressure you to plead guilty in exchange for a lighter sentence. However, be aware that a conviction can have long-lasting consequences. Pleading guilty can result in job loss, immigration issues, or even make you a target in future encounters with law enforcement. By hiring our knowledgeable Chicago, Illinois criminal defense lawyer, you can benefit from their skills to:
- Negotiate a dismissal or reduced charge
- Exposing weak evidence or officer misconduct
- Defend your rights at trial
Andrew M. Weisberg has decades of courtroom experience and a deep understanding of Illinois criminal procedure. He is ready to provide you with the trusted representation you need to fight resisting arrest charges and secure the best possible outcome for your case.
Are You Facing Charges for Resisting Arrest? Contact the Law Offices of Andrew M. Weisberg Today
Resisting arrest charges in Chicago Illinois are often based on overreach, misunderstanding, or retaliatory policing. However, these charges are beatable. If you’ve been charged with resisting or obstructing a police officer in Illinois, don’t take chances with your future. Contact the Law Offices of Andrew M. Weisberg for a confidential consultation and find out how we can protect your rights, challenge the evidence, and fight for the best possible outcome. Call us today at (773) 908-9811 to schedule your consultation or visit us online, and let us guide you through the legal process.
