Resisting arrest is one of the most common misdemeanor offenses that an individual can be charged with by the State of Illinois. This offense is typically charged after the police approach the defendant for some other form of inappropriate conduct. This is one of the charges that a police officer will attempt to make when they do not have a strong reason to make an arrest. If you have been charged with resisting arrest, contact a Chicago attorney at Goldman & Associates for legal advice on your case. An experienced defense attorney can determine your case’s credibility against the prosecution and help you fight your case.
Under Illinois law, pursuant to 720 Ill. Comp. Stat. Ann. 5/31-1, an individual can be charged with this offense by attempting to pull away from the officer, refusing to put his or her hands behind their back, or from running away from the officer.
The statute defines resisting arrest as knowingly resisting or obstructing the performance by the individual known to the defendant to be a peace officer, firefighter, or correctional institution employee of any authorized act within his or her official capacity.
The statute is vague and was written specifically to cover a large spectrum of conduct. If you refuse a police officer’s command to do what they want, this could be considered obstructing a peace officer. If you make a small action of pulling away from the officer, this could be considered resisting an arrest by a peace officer.
There is the possibility claiming self-defense, if you the facts of your specific case supports this theory. In addition, the defendant can argue that resisting arrest requires a physical act, so if the police officer accused you of providing a non-physical act, you should not be found guilty of resisting arrest.
If you are facing criminal charges of resisting arrest, you can be convicted of a Class A misdemeanor. Class A misdemeanors are punishable by up to 1 year in jail.
However, if you were the proximate cause of an injury to a peace officer, firefighter, or correctional institution employee, you can be convicted of a Class 4 felony. Class 4 felonies are punishable by up 1 to 4 years.
If you are facing criminal prosecution for resisting arrest, Goldman & Associates can assist you in understanding and protecting your legal rights. This charge can be taken care of by an experienced and professional attorney who understands how to approach your case. Contact Goldman & Associates today to assess and provide you with sound legal advice.