Most states have laws that prohibit resisting or delaying police officers, known as resisting arrest. Under Illinois law, generally when someone fails to obey the lawful command of an officer it is a misdemeanor offense. Conversely, when the resistance involves violence, or physical force, it becomes a felony offense. Some acts that can constitute “resisting arrest” include:
It is important to note that questioning an officer’s actions or authority before eventually obeying is not resisting arrest. Similarly, being too slow to comply or swearing at an officer – on its own – is not enough for resisting arrest charges.
Depending on the facts of the particular case, a person charged with resisting arrest may have defenses available. This is because the charges are based on an individual’s resistance of an officer of the law during the lawful execution of his or her duties. Some, but not all, defenses include:
Resisting arrest charges can include fines and jail times of a year or more, depending on the charge. Moreover, should an accused have a criminal history or is already on probation sentencing can be affected.
If you or someone you know has been charged with resisting arrest in Illinois, contact the experienced and aggressive legal professionals at Goldman & Associates right away. A criminal record – especially a conviction that cannot be sealed or expunged – can negatively affect your life. Don’t try to fight this battle on your own. Call (773) 484-3131 today for your initial case evaluation.