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.

Resisting arrest charges can be contentious and complex, especially when allegations of police misconduct or excessive force are involved. In Chicago, as in many other cities, cases of resisting arrest often intersect with concerns about police behavior and civil rights violations. Understanding the dynamics of how police misconduct can influence resisting arrest cases is crucial for both defendants and legal advocates.

Allegations of Police Misconduct

In recent years, allegations of police misconduct and excessive force have garnered significant attention in Chicago and across the nation. These allegations can range from unlawful arrests and unjustified use of force to racial profiling and discriminatory practices. In the context of resisting arrest cases, such misconduct allegations can profoundly impact the legal proceedings and public perception of the case.

Impact on Resisting Arrest Cases

When police misconduct or excessive force is alleged in a resisting arrest case, it can significantly alter the dynamics of the legal process. Defense attorneys may argue that the arrest itself was unlawful or that the force used by law enforcement was disproportionate to the situation. These arguments can shape the defense strategy and influence the case’s outcome.

Legal Avenues for Challenging Misconduct

Individuals facing resisting arrest charges in Chicago have legal avenues for challenging allegations of police misconduct. This may include filing complaints with the Chicago Police Department’s Internal Affairs Division, pursuing civil rights lawsuits against the officers involved, or raising constitutional defenses in criminal court. The availability of these options underscores the importance of seeking legal representation from attorneys experienced in handling cases involving police misconduct.

Seeking Accountability

Beyond individual cases, addressing police misconduct in resisting arrest cases is essential for upholding the principles of justice and accountability. Holding law enforcement officers responsible for any abuses of power not only serves justice’s interests but also helps foster trust and legitimacy in the criminal justice system. By advocating for accountability and transparency, defense attorneys play a crucial role in safeguarding defendants’ rights and promoting systemic change.

Building a Strong Defense

Building a strong defense is paramount in resisting arrest cases where allegations of police misconduct are present. This may involve gathering evidence, such as eyewitness testimony or video recordings, to support the claims of misconduct. Additionally, working with attorneys who understand the intricacies of police procedures and civil rights law can be instrumental in challenging unlawful police actions and advocating for the rights of the accused.

Community Impact and Trust

Beyond the immediate legal implications, cases involving allegations of police misconduct in resisting arrest incidents can have broader ramifications for community trust and police-community relations. High-profile cases of alleged misconduct can erode trust in law enforcement agencies and deepen tensions between law enforcement and their communities. As such, addressing misconduct allegations in resisting arrest cases isn’t just about individual legal outcomes but also about fostering transparency, accountability, and trust between law enforcement and the communities they serve. This underscores the importance of robust legal advocacy and systemic reform efforts to promote accountability and restore public confidence in the justice system.

Steps for Facing Police Misconduct

The intersection of police misconduct and resisting arrest cases in Chicago underscores the complexities of the criminal justice system and the importance of robust legal representation. By addressing allegations of misconduct head-on and advocating for accountability, defense attorneys play a critical role in safeguarding defendants’ rights and promoting fairness and transparency in the legal process. In navigating these challenging cases, seeking the guidance of experienced criminal defense lawyers is essential for achieving the best possible outcome.

About the Author: Andrew M. Weisberg is a former felony prosecutor now serving as a defense attorney in greater Chicago. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

In a city as diverse and dynamic as Chicago, encounters with law enforcement can happen to anyone, anytime. Knowing how to navigate these interactions is crucial not only to protect your rights but also to reduce the risk of facing resisting arrest charges or other legal troubles. As criminal lawyers in Chicago, we’re here to provide you with practical advice on the dos and don’ts of interacting with law enforcement in the Windy City.

Dos:

Remain Calm and Respectful: The most important thing to remember when interacting with law enforcement is to stay calm and respectful. Treat officers with politeness and courtesy, even if you believe you’re being treated unfairly. Your demeanor can go a long way in defusing a potentially tense situation.

Keep Your Hands Visible: Always keep your hands in plain sight. Law enforcement officers are trained to be cautious, and sudden movements can be misinterpreted as a threat. This simple act can help prevent misunderstandings.

Provide Identification When Asked: If an officer asks for your identification, provide it. In Chicago, you are required to carry a government-issued photo ID, such as a driver’s license or state ID card, if you’re 18 years or older. Failing to produce your identification can lead to unnecessary complications.

Exercise Your Right to Remain Silent: You have the right to remain silent, and you should use it. Politely inform the officer that you wish to remain silent. This can prevent you from saying something that may be used against you in court. Anything you say can and will be used against you, so exercise caution.

Request an Attorney: If you are detained or arrested, ask for an attorney immediately. You have the right to legal counsel, and it’s in your best interest to have a lawyer present during any questioning or interactions with law enforcement. This is one of your fundamental rights under the Constitution.

Document the Interaction: If it’s safe to do so, consider recording the interaction with your smartphone. In Chicago, it’s legal to record police officers in public places as long as you don’t interfere with their duties. This can provide valuable evidence if any disputes or legal issues arise.

Know Your Rights: Familiarize yourself with your constitutional rights, including the Fourth Amendment (protection against unreasonable searches and seizures) and the Fifth Amendment (right to remain silent). Being informed empowers you to protect yourself.

Don’ts:

Don’t Physically Resist Arrest: Resisting arrest is a serious crime in Chicago, and it can escalate a minor situation into a major legal problem. If you believe you’re being arrested unjustly, comply with the officer’s instructions and address the issue later with the help of an attorney.

Don’t Argue or Challenge the Officer on the Scene: While you have the right to question an officer’s actions, doing so in a confrontational or aggressive manner can make matters worse. Wait for the appropriate time and place, such as a courtroom, to address any concerns you may have.

Don’t Give False Information: Providing false identification or making false statements to law enforcement can result in criminal charges. Be honest and provide accurate information when asked for identification or other details.

Don’t Consent to Searches Without a Warrant: Under the Fourth Amendment, you have the right to be free from unreasonable searches and seizures. If an officer asks for your consent to search your property, you can politely decline. If they have a warrant, they will search without your consent, but it’s essential to protect your rights.

Don’t Engage in Unlawful Activities: Avoid engaging in any unlawful activities that may attract the attention of law enforcement in the first place. This includes illegal drug use, public disturbances, or any behavior that may lead to your arrest.

Don’t Forget to Follow Up: If you feel your rights were violated during an encounter with law enforcement, don’t forget to follow up. Document the incident, gather witness statements, and consult with an attorney. They can help you determine if there are grounds for a legal complaint.

Best Practices With Chicago Law Enforcement

Interactions with law enforcement in Chicago, like any major city, can be fraught with tension and uncertainty. Knowing how to conduct yourself during these encounters is vital to protecting your rights and avoiding unnecessary legal trouble. By following the dos and don’ts provided in this guide, you can increase your chances of a smooth and lawful interaction with law enforcement.

Remember that the key to successful interactions with law enforcement is to stay calm, respectful, and informed about your rights. If you ever find yourself in a situation where your rights are in question or you face charges related to resisting arrest, it’s essential to consult with an experienced criminal lawyer in Chicago who can provide guidance and legal representation. Your rights are worth protecting, and knowledge is your best defense.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Chicago, just like many other cities throughout the United States, has had a tough few weeks. Protests are raging across the country related to the death of George Floyd in Minneapolis. These protests have sparked some violence and looting – something Chicago has not been immune to.

As reported by Patch.com, at the beginning of June one weekend protest saw 700 people arrested in Chicago, including many charges of resisting arrest. Here’s what you need to know if you find yourself facing a resisting arrest charge as the result of a protest or any other incident.

What Is Resisting Arrest in Illinois?

According to Illinois Statues 720 ILCS 5/31-1, if you knowingly obstruct or resist the performance of a known peace officer, correctional institution employee, peace officer, or anyone authorized to act within their official capacity, then you are resisting arrest.

The purpose of the statute is to ensure police officers have the authority to arrest you or conduct an investigation. If you take action to impede that, then it can result in a criminal charge of resisting arrest.

It’s crucial to note that the statute does not specify what acts are considered resisting or obstructing arrest, nor does it give exceptions to the law. That means police as well as prosecutors have a lot of discretion to charge under the statute — which is why having proper legal representation is vital.

The Penalties for Resisting Arrest in Illinois

This crime is a Class A misdemeanor. While misdemeanors are generally the least serious type of crime, there are still legal consequences if you are found guilty that can have a serious impact on your life.

If you obstruct or resist arrest, then it is punishable by up to one year in jail. If you are convicted, the law requires you to serve at least 48 hours in jail and complete 100 hours of community service.

The charges for resisting arrest can be upgraded to a Class 4 felony if a correctional institution employee, firefighter, or police officer is injured when you are obstructing or resisting arrest. If convicted of a Class 4 felony, you can face up to three years in prison.

It’s also important to note that if you are convicted of resisting arrest, you cannot have it later expunged from your record. It will be a part of your criminal history forever. This can create an issue for you when seeking new employment or even

Defenses against Illinois Resisting Arrest Charges

Preparing a proper defense is crucial when facing resisting arrest charges. Experienced legal counsel can help you to analyze the evidence provided by the prosecution. Some types of evidence help to show how strong the case may be against you, such as:

• Any written or verbal statements you’ve made
• The reason you were stopped in the first place
• Video or pictures of the location where the act took place
• Police reports from officers on the scene
• The facts and circumstances that lead to the event
• Witness statements from people other than the accused

Sometimes diversion programs are offered, such as anger management, and the charges can be dropped. If these types of diversion programs aren’t offered, then your attorney can help to have charges reduced or dismissed based on any lack of evidence they find.

Resisting arrest charges can happen to anyone. Make sure you’re prepared so if it happens to you, then you know what to do.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

What’s does it mean to resist arrest in Illinois? Most people have a pretty narrow view of the law, assuming it means – essentially – fighting back when an officer tries to arrest you. However, while this is certainly one way that someone can get hit with the charge, it isn’t the only one.

In this post, we will detail what resisting arrest really means under the laws of our state and tell you what penalties may result.

Resisting or Obstructing the Acts of a Protected Worker

The first thing to know about resisting arrest in Illinois is that the law isn’t just resisting arrest – the actual title is “Resisting or Obstructing the Acts of a Protected Worker.”

That broadens the definition quite a bit. In our state, you can face charges for resisting or obstructing the performance of a peace officer, firefighter, or correctional institution employee when he or she is acting within his or her official capacity.

Examples of resisting a protected worker

• Refusing to consent to an arrest
• Responding slowly or with reluctance
• Hitting an officer during an arrest
• Pulling or running away from an officer during an arrest
• Requiring the arresting officer to drag or carry you during an arrest

Examples of obstructing a protected worker

• Refusing to leave a crime scene when instructed to do so
• Providing false information or a false ID to a police officer
• Interfering with a police investigation
• Preventing a firefighter from doing his or her job

Even if the original arrest was invalid, charges can still apply for resisting or obstructing a protected worker. That’s why you need the help of a qualified Illinois criminal defense attorney if you are facing charges.

Penalties for Resisting or Obstructing in Illinois

A violation is a Class A misdemeanor under Illinois law. Conviction will result in at least 48 hours in jail or 100 hours of community service, with no probation. You may also face fines.

If a violation causes injury to the protected worker, a Class 4 felony charge will apply. This could result in one to three years in prison.

Note that sometimes resisting arrest or obstructing a peace officer is charged along with disorderly conduct and other related charges.

Possible Defenses to Resisting or Obstructing in Illinois

If the arresting officer used excessive force or did not identify himself or herself at the time of arrest, you can use self-defense as your primary defense against your charges.

In certain cases, the arresting officer may have made a factual error that you can contest in court. A knowledgeable attorney will know if this defense applies in your case.

For a conviction to occur, the prosecution must be able to prove that you knew or should have known the person was a peace officer or other protected worker. The prosecution must also prove that the person was acting within their scope of duties when the incident occurred. Finally, the prosecution must show beyond a reasonable doubt that you were, in fact, resisting or obstructing arrest.

If your attorney can find problems with any of those case elements, your charges may be reduced or dropped.

Getting Legal Assistance for a Resisting Arrest Charge

Resisting arrest is a serious charge that could result in significant penalties. If you’re also facing other charges, you may feel overwhelmed and worried by the potential fines and jail time. You need the help of a skilled Illinois criminal defense attorney to fight your charges and protect your rights.

A conviction can result in significant changes to your ability to earn an income, secure a loan, apply for schools, or find quality housing. That’s why you need an attorney to assist you.

A knowledgeable attorney will explain your rights and your options. Call today for a free case review and we will form a plan to help you achieve the best possible outcome. Don’t hesitate to enlist our help.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

If a police officer is trying to perform their job and you resist or delay their progress, you can be charged with resisting arrest. Below you will find the legal definition of resisting arrest in Illinois, along with some defenses that may work for you.

What “Resisting Arrest” Means in Illinois

When a police officer is trying to handcuff or arrest you and take you to jail, and you act with intent to prevent them from doing so, the charge of resisting arrest may be filed.

If any of the following acts occur, the charges may apply:

• A physical struggle with the police officer
• Going limp, which impedes the arrest
• Making verbal threats to the police officer
• Fleeing the scene or hiding
• Standing in the way of the officer
• Presenting false identification
• Refusing to verbally identify yourself at the police station
• Assisting someone else in resisting arrest

Here’s an example of when the charge of resisting arrest may apply.

A man is pulled over on suspicion of driving under the influence. The police officer approaches the man’s vehicle and orders the man to get out and put his hands in the air. The man attempts to drive off, but the officer stops him. Even if the officer used force against the man once attacked, the force would likely be justified since the man’s actions provoked the officer’s use of force.

However, if the man complied with the officer’s request, he should not be charged – much less convicted. If your defense attorney can prove that any of the following situations apply, your charges of resisting arrest may be dropped.

Defense Strategies That May Be Used to Battle Charges of Resisting Arrest

False Allegations. Simply being slow to comply with the officer’s orders, or using swear words or rude language, is not enough to get charged with resisting arrest. An officer cannot file the charge simply to retaliate against this kind of behavior. If any witnesses were present, their testimony can be useful in your defense.

Lack of Officer Identification. If you were not aware that the person arresting you was an officer, such as when an undercover officer attempts an arrest, you cannot be charged with resisting arrest. The police officer must clearly identify himself or herself prior to the arrest.

Also, you cannot be charged with resisting arrest simply for questioning the officer’s actions or authority before complying.

Unlawful Arrest. Under certain circumstances, if there was no lawful reason for the arrest in the beginning, the charge of resisting arrest cannot apply. For example, if an officer is performing an unwarranted search and you resist at that time, you cannot be charged.

Self-defense. If you were under threat due to the officer’s misconduct, such as excessive force, you may be able to use this defense. An officer’s force can be deemed excessive if it is likely to cause serious bodily injury or death.

Take note that the courts do not often side with the defendant against the police officer in a case of excessive force. You must be able to prove that you reasonably expected that the officer’s actions presented a threat of serious bodily injury. You also must be able to prove that the force you used to resist the officer was in proportion to the force the officer was using against you.

A few exceptions exist in the case of excessive force, which were created to discourage fights with police officers. These exceptions are rare:

• Resistance that causes excessive force: You cannot use this defense if you first acted with physical resistance, which then provoked the officer’s physical force against you. The situation must have been reasonable as well. In other words, you cannot begin hitting the officer once they are subdued.
• Resistance that prolongs excessive force: If you have reason to believe that if you stop resisting the officer will stop using excessive force, then you are responsible to stop resisting arrest.
• Abatement: The party being arrested must stop resisting arrest if the officer stops using excessive force.

To avoid a charge of resisting arrest, it’s wise to comply with the officer’s requests, even if you feel the situation is unfair or unjust. Your charge can be dropped if the situation was indeed unwarranted. Compliance is helpful to avoid further charges like assaulting an officer, which can be a felony.

If you have been charged with resisting arrest, consult with an experienced lawyer to understand your options. They will help you build the best defense for your unique case.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Confrontations with the police can be tricky, especially after reading stories where officers overstep their bounds and use unnecessary force or make false arrests. However, you could be forgiven for thinking “don’t spit on police officers” is an obvious piece of advice.

Apparently, Chicago Bears cornerback Deiondre’ Hall missed that memo. In late March, after doing just that, Hall ended up getting tasered in the leg and arrested for multiple misdemeanors.

Officers confronted Hall, 22, around 1 A.M. on a Saturday night after a disturbance was reported at Sharky’s Funhouse. Hall was allegedly cursing and yelling at staff and customers at the bar. Hall was defiant when the officers approached him, and allegedly spit in the face of the officers as they tried to arrest him.

At one point, officers attempted to put him in the back of the police car, and upon his resistance, tasered him in the left leg. Police noted that Hall had bloodshot eyes and was slurring his speech. He refused to take a Breathalyzer.

Hall was cited for public intoxication, disorderly conflict for fighting, and interfering with official acts (resisting arrest). He has since been released on bail.

What Is Considered “Resisting Arrest” in Illinois?

Under Illinois law, resisting arrest, also known as obstruction or interference of justice, doesn’t have to involve spitting on officers, or even physical contact. Any of the following could be considered acts of resisting arrest:

• Intentionally acting in a way to hinder the arrest
• Acting or threatening to act violently toward an officer
• Arguing in a loud or threatening manner
• Attempting to flee the scene

Unfortunately, when people find themselves in a stressful situation, our “fight or flight” instincts can kick in and we may act without conscious thought. When dealing with a police officer, both of these instincts can get you saddled with a resisting arrest charge.

What If the Arrest Isn’t Lawful?

It is legal to resist an unlawful arrest, but you will have to be sure that the arrest is unlawful to have a legitimate case and have your charges dropped.

In order to make a lawful arrest, officers need probable cause. Probable cause is a measure that determines the likelihood that an individual committed a crime, but it is not always the clearest measurement.

An officer smelling marijuana around you or your car, or other similar observations can establish probable cause. Probable cause can also be established after a police officer receives witness testimony pointing the blame at someone, even if no other sources have been checked. Bottom line? Even if an arrest seems unfair, it may technically be lawful.

Regardless of whether or not you know you are innocent, if probable cause is present, an officer still has the right to put you under arrest. More evidence will be necessary to secure charges or a conviction, but in the moment you are being arrested, probable cause is all that is needed.

Know Your Rights

Every citizen should review their rights when it comes to law enforcement confrontations and what happens after an arrest or charge. The Sixth Amendment, for example, gives everyone accused of a crime the right to legal counsel.

That means, if you have been arrested or charged for a crime, you have the right to a lawyer. Talk to a Chicago criminal defense attorney to learn more about your rights and opportunities after being charged.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

If you are facing criminal charges, it’s important to know exactly where you stand and what your future entails. This is especially true with something like resisting arrest, because it is typically a secondary charge that is tacked on to other criminal violations.

In other words, if you are charged with resisting arrest, it is likely that you are actually up against several charges that each carry their own set of consequences. In Illinois, an offense of resisting a police officer often goes hand-in-hand with an offense of obstruction of justice.

Both charges fall under the same statutes and can constitute a misdemeanor or felony. An individual may be charged with obstruction of justice if he or she gives a false name, provides intentionally misleading information, interferes with the arrest of another person, or refuses to leave an area after being asked by a law enforcement officer.

Moreover, you may not really understand why you are being charged with resisting arrest, because most people just don’t have any experience in how to act when an officer informs them they are under arrest.

Illinois law refers to resisting arrest as resisting or obstructing a correctional institution employee, firefighter, or peace officer. Resisting arrest is one of the most common types of misdemeanor offenses, and typically occurs when a police officer approaches an individual for some other type of illegal behavior or misconduct.

Resisting arrest is a Class A misdemeanor in Illinois, and comes with a maximum penalty of one year in jail and a fine of up to $2,500. If convicted, the law requires the individual to complete a sentence of 100 hours of community service or 48 hours in the county jail. In serious cases, resisting arrest may be deemed a felony.

Like most offenses, certain circumstances can potentially increase the severity of a resisting arrest conviction. Felony resisting arrest typically requires the individual to either behave violently or threaten violence. If the police officer, correctional institute employee, or firefighter becomes injured as a result of your resistance, you could be looking at a Class 4 felony. In Illinois, a Class 4 is the least serious type of felony and typically carries a minimum prison sentence of one year.

Quirks of the Resisting Arrest Law

Beyond the specific language in the statute, there are some important quirks that you need to understand about resisting arrest.

It doesn’t matter if the arrest shouldn’t have happened. Individuals may be charged with resisting arrest regardless of whether the police officer had any legal basis to make the initial arrest. In other words, even if it is later determined that the officer had no probable cause or reasonable suspicion to approach the person, those arguments cannot be used as defenses against the charge. The only exception in Illinois law is when a police officer is engaged in violent or grossly improper behavior that threatens the life of the arrestee.

Resistance doesn’t need to be blatant. For example, an individual may be charged for trying to pull away or refusing to put his hands behind his back when getting arrested for a DUI.

Yes, that’s right. If a cop tries to arrest you and you have a knee-jerk reaction like pulling away, it is possible that you could be charged with resisting arrest. This is why is it so important to accurately record the specifics of the incident and, if possible, utilize the testimony of witnesses.

A number of different actions qualify. What exactly constitutes as resisting arrest? While the terminology of the Illinois statute for resisting arrest is somewhat vague, it typically includes a wide variety of conduct that takes place after a police officer approaches a suspect about some other offense. Examples of resisting arrest may include attempts to pull away or refusal to put hands behind back, as mentioned above, as well as attempts to flee the scene, running and hiding from the officer, refusing to cooperate with an officer, or refusing to obey a command.

Proving the Charge – and Defending against It

To prove a resisting arrest charge, a prosecutor must produce evidence for certain “elements” of the offense. Once produced, the jury or judge must decide whether or not the prosecutor has proved each element beyond a reasonable doubt.

These elements typically include whether or not the defendant intentionally resisted arrest, whether the defendant acted violently towards the officer or threatened to act violently, and if the officer was lawfully discharging his official duties at the time of the incident.

There are several possible defenses that a defendant may use to argue against conviction if charged with resisting arrest. If an arrest was not lawful to begin with and an officer was not performing his or her duties, you did not do anything to warrant an arrest. You may also claim self-defense if the officer engaged in misconduct, such as using excessive force against you. A defense of false allegations may be used if you prove that nothing you did fits the definition of resisting arrest. You may also have a defense if the officer did not identify him or herself.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Despite decades of law enforcement intervention, domestic violence is still major public concern. To prevent police inaction in response to domestic abuse and ultimately to attempt to lower domestic violence rates, nearly half of the U.S. states have implemented mandatory arrest provisions. While the preferred arrest law instructs the responding officer to consider arrest as the preferred course of action, in the case of mandatory arrest laws, the responding officer is obligated to make a more aggressive intervention and make an arrest (he is, however, required to find probable cause that an offense has been committed).

For the last three decades, the warrantless arrest powers of law enforcement have grown exponentially, and they keep growing: just last month, the legislature in Madison County, Alabama, passed a bill that would further increase authorities’ freedom to make arrests. But ongoing research examining the outcome – for both the victim and the aggressor – of mandatory arrest laws raises various questions about the efficiency of this approach in cases of domestic violence.

Mandatory Arrests Increase Domestic Violence Rates

A paper from the National Bureau of Economic Research published in June, 2007, attempted to analyze to what extent does the certainty of arrest lower domestic violence rates, and the results were surprising: “The results presented in this study suggest that this (implementing mandatory arrest laws to decrease intimate partner violence rates) may, in fact,be counterproductive. Using data from the FBI Supplementary Homicide Reports from 1976-2003, I find that the level of intimate partner homicide increased in states with these mandatory arrest laws. This may be because abuse victims may be less likely to contact the police in the face of a mandatory arrest law.”

What the author of the paper found out is that, instead of seeing a decrease in domestic violence due to the aggressive intervention of law enforcement, an opposite effect is visible: homicide rates have actually increased due to decreased reporting of domestic crimes. Regardless of the good intentions of state policy makers, mandatory arrest laws are shown to harm the very people they try to help.

The solution? A change of tactics: “Given the dangerous and pervasive nature of domestic violence, there is little doubt that state intervention, in some form, is required. Determining what shape that intervention takes is of vital importance. The results from this study suggest that the threat of arrest is insufficient to deter abusers from killing their victims. Finding arrests deter victim reporting rather than perpetrator abuse provides valuable insight into the intricacies facing governmental attempts to decrease intimate partner violence.”

Mandatory Arrests Cause Early Death in Victims

Arresting a domestic abuser may not only lead to more violence (as pointed by the aforementioned study), but it can also have significant negative effects on the victims’ long-term health.

A recent follow-up of the study conducted more than two decades ago called The Milwaukee Domestic Violence Experiment found that victims of domestic violence whose partners have been arrested on misdemeanor charges were more likely to have died, compared to victims whose aggressors haven’t been arrested by the police. The cause of death was not violence inflicted by the aggressor, but rather health-related reasons such as heart attacks, cancer, and other internal diseases. The main takeaway: having a partner arrested – regardless of his abusive behavior – takes an emotional toll that will impact victims’ health years after the incident.

The numbers were particularly discouraging for African-American victims, which made up the majority of victims in the initial study. It was revealed that black women who had partners arrested on domestic violence charges were two times more likely to have died of disease by 2013, compared to women whose partners were only warned, but not arrested, in cases of domestic violence. Furthermore, another interesting point made by the study was that black victims who were working at the times their partners were arrested were four times more likely to have died than those whose partners got off with just a warning.

Lawrence Sherman, the Director of the Institute of Criminology of the University of Cambridge, said “We are now sure that the difference in death was not due to homicide, which was our original research question. […] The racial difference suggests that the best explanation must be bio-social. There must be something about witnessing a partner’s arrest that triggers a physiological response leading to higher rates of death from heart disease and other internal maladies, but far more so for victims who are African-American than for whites.”

It still isn’t very clear what mechanisms triggered such a response in victims who died earlier. The study goes on to explain that defendants who were, in fact,arrested were most often incarcerated for short periods, so it wasn’t the suffering or toil of the arrested partner that led to a decrease of the victims’ overall health. (Most were misdemeanor arrests as well, meaning that there were no physical injuries.)

Previous studies have revealed the increased likelihood of post-traumatic stress symptoms in victims who witnessed the arrest of their partners, symptoms linked in the long run with premature death caused by heart complications and other health disorders. However, the reasons why victims in concentrated black poverty areas suffer more trauma than those in white working-class communities are yet to be understood: “Because all the victims had an equal chance of having their partners arrested by random assignment, there is no other likely explanation for this difference except that it was caused by seeing their partners arrested.”

The findings are, of course, subject of debate. But if one conclusion can be drawn from all this data is that domestic violence should be a subject of constant research, and the focus should be on the results of current policies, not on the good intentions of policymakers. Hopefully, the ongoing analysis will lead to the development of effective methods of identification and prevention, rather than simply assuming that locking away abusers will solve the problem in the long run.

About the Author Andrew M. Weisberg is a criminal defense attorney in Chicago, Illinois. A former prosecutor in Cook County, Mr. Weisberg,is a member of the Capital Litigation Trial Bar, an elite group of criminal attorneys who are certified by the Illinois Supreme Court to try death penalty cases. He is also a member of the Federal Trial Bar. Mr. Weisberg is a sole practitioner at the Law Offices of Andrew M. Weisberg.