Resisting Arrest

Chicago Criminal Defense Lawyer Andrew M. Weisberg – Defending Against Resisting Arrest Charges

Being charged with resisting arrest or obstructing a peace officer in Chicago is a serious matter that can carry significant legal consequences. These charges often arise in stressful situations where emotions are high and events unfold quickly, and they are frequently filed alongside other criminal charges. Even when the underlying charge is minor or ultimately dismissed, a resisting or obstructing charge can still result in criminal penalties, including jail time, community service, fines, and a permanent criminal record. If you are facing resisting arrest charges in Chicago or Cook County, having an experienced criminal defense attorney on your side can make a critical difference in the outcome of your case.

Andrew M. Weisberg is a former Cook County prosecutor who has extensive experience defending clients charged with resisting or obstructing a peace officer. He understands how these cases are investigated and prosecuted and uses that knowledge to develop strong defense strategies tailored to each client’s situation.

If you have been charged with resisting arrest or obstructing a peace officer, call (773) 908-9811 for a free consultation.

Understanding Resisting or Obstructing a Peace Officer in Illinois

Although many people refer to the offense as “resisting arrest,” the official charge in Illinois is typically Resisting or Obstructing a Peace Officer, Firefighter, or Correctional Institution Employee under 720 ILCS 5/31-1. This statute covers a broad range of conduct and applies to more than just physically resisting an arrest.

Under Illinois law, a person commits this offense when they knowingly resist or obstruct a peace officer who is performing an authorized act within their official capacity. The statute is interpreted broadly, and prosecutors often charge resisting or obstructing based on conduct that may not appear to be resistance in the traditional sense.

For example, a person may be charged with resisting or obstructing for:

Pulling away from an officer during an arrest
Struggling while being handcuffed
Refusing to follow commands during an arrest or investigation
Running or attempting to flee from police
Interfering with an officer’s attempt to arrest another person
Physically blocking an officer’s movement
Providing misleading information during an investigation

Because the statute covers such a wide range of conduct, resisting or obstructing charges are sometimes filed even when the alleged resistance was minimal or unintentional.

Misdemeanor and Felony Resisting Arrest Charges

In most cases, resisting or obstructing a peace officer is charged as a Class A misdemeanor, which carries a maximum penalty of up to 364 days in jail and fines of up to $2,500. Courts may also impose probation, community service, counseling, or other conditions.

Illinois law requires that a conviction for resisting or obstructing a peace officer include either a minimum of two days in jail or 100 hours of community service, even for first-time offenders. This mandatory penalty makes resisting arrest charges particularly serious, even when the case is otherwise minor.

In certain situations, resisting-related charges may be elevated to felony offenses. For example, if a police officer is injured during the incident or if the alleged conduct involves more serious interference with law enforcement, prosecutors may pursue felony charges such as aggravated resisting or disarming a peace officer.

Felony charges can carry potential prison sentences and long-term consequences that extend far beyond the courtroom.

Resisting Arrest Charges Often Accompany Other Offenses

Resisting arrest charges are frequently filed along with other criminal charges. In many cases, the resisting charge arises out of the arrest itself rather than the original alleged offense.

It is not uncommon for resisting charges to accompany allegations such as:

Even if the underlying charge is reduced or dismissed, the resisting charge may still remain. For this reason, it is essential to have a defense strategy that addresses all charges together.

Andrew M. Weisberg carefully analyzes both the underlying charges and the resisting allegations to identify the strongest possible defenses.

Illinois law includes a number of related offenses that may be charged in connection with resisting or obstructing allegations. These charges can significantly increase the seriousness of a case.

Andrew M. Weisberg has extensive experience defending clients charged with offenses such as:

Resisting or Obstructing a Peace Officer – 720 ILCS 5/31-1
Disarming a Peace Officer – 720 ILCS 5/31-1a
Obstructing Service of Process – 720 ILCS 5/31-3
Obstruction of Justice – 720 ILCS 5/31-4
Obstructing Identification – 720 ILCS 5/31-4.5
Concealing or Aiding a Fugitive – 720 ILCS 5/31-5
Escape or Failure to Report – 720 ILCS 5/31-6
Aiding Escape – 720 ILCS 5/31-7
Refusing to Aid an Officer – 720 ILCS 5/31-8

Because these statutes can overlap, prosecutors sometimes file multiple charges arising from the same incident. A careful and strategic defense is essential to avoid unnecessary convictions.

How Resisting Arrest Cases Are Prosecuted in Chicago

Resisting or obstructing cases often depend heavily on police testimony. In many situations, the primary evidence comes from the arresting officer’s account of what happened during the arrest.

Police reports sometimes describe conduct as “resistance” that may have been minimal or unintentional. Situations that occur quickly and under stress can be interpreted differently by different witnesses.

Body camera footage, surveillance video, and witness statements can play an important role in evaluating these cases. A thorough investigation can reveal inconsistencies or missing details that may significantly weaken the prosecution’s case.

Andrew M. Weisberg carefully reviews all available evidence to determine whether the allegations are supported by the facts.

Defending Against Resisting Arrest Charges

Successfully defending against resisting or obstructing charges requires a careful examination of the facts and the applicable law. Andrew M. Weisberg works closely with clients to identify the strongest possible defenses based on the circumstances of each case.

One common defense involves showing that the alleged conduct did not actually constitute resistance under Illinois law. Not every movement or reaction during an arrest qualifies as resisting or obstructing.

Another important defense may involve challenging whether the officer was performing an authorized act. If the arrest or detention was unlawful, that issue may affect how the case is handled.

Mistaken interpretations of events can also lead to unjustified charges. Situations involving confusion, fear, or miscommunication can be misunderstood as intentional resistance.

In some cases, video evidence or witness testimony can contradict the allegations made in police reports. Careful investigation can uncover facts that support the defense and raise reasonable doubt.

Why Choose Andrew M. Weisberg as Your Defense Attorney

Andrew M. Weisberg has extensive experience defending clients charged with resisting or obstructing a peace officer in Chicago and throughout Cook County. As a former Cook County prosecutor, he understands how these cases are built and what evidence prosecutors rely on in court.

Andrew approaches every case with careful preparation and attention to detail. He works directly with his clients and provides clear communication throughout the legal process.

Clients benefit from:

Experience as a former Cook County prosecutor
Extensive courtroom experience in Chicago and suburban Cook County
Strategic and aggressive defense representation
Careful case investigation
Personalized attention and communication

Andrew’s goal in every resisting arrest case is to protect his client’s future and pursue the best possible outcome, whether that means dismissal, reduction of charges, or a favorable resolution.

The Importance of Acting Quickly

If you have been charged with resisting or obstructing a peace officer, it is important to speak with an attorney as soon as possible. Early legal intervention can help preserve evidence and prevent mistakes that could harm your case.

In many cases, early involvement by an experienced attorney can improve the chances of obtaining a favorable result.

Andrew M. Weisberg takes immediate action to evaluate the case and develop a defense strategy designed to protect your rights.

Speak With a Chicago Resisting Arrest Defense Lawyer

If you or a loved one has been charged with resisting arrest or obstructing a peace officer in Chicago or Cook County, experienced legal representation can make a critical difference. A conviction can carry mandatory penalties and long-term consequences, but a strong defense can help protect your future.

Andrew M. Weisberg represents clients charged with resisting or obstructing a peace officer throughout Chicago and Cook County.

Call (773) 908-9811 today for a free consultation, or fill out the online contact form for a free case review, and Mr. Weisberg will get back to you quickly.

The sooner you speak with an experienced criminal defense attorney, the better your chances of achieving a favorable outcome. Andrew M. Weisberg is prepared to fight for your rights and provide the strong defense you deserve.

Client Reviews

Andrew is very personable and easy to speak with. He is a very knowledgeable attorney. I was able to contact him with questions, even after hours he would reply. His relationship with the prosecuting attorneys got me the best results possible in my case.

Tanner Knudsen

Andrew is one of the best attorneys I have ever worked with. Very professional and talented, compassionate, trustworthy who is always looking to get the best possible outcome for you. He communicates things very quickly, clearly and concisely. It did not matter if it was a weekend or late evening...

Anna Sroka

Beyond an incredible experience! Andrew is kind, caring, knowledgeable and honest. He handled my case with ease and made sure I understood every step of the process. He was available to me to chat anytime I had a question and he put me at ease. I cannot recommend him highly enough for any and all...

Jennifer Albertalli

Andrew was a fantastic support as he helped navigate a stressful situation. His communication skills and attention to detail provided me with the confidence that the case would be settled quickly and favorably. He is an amazing attorney and I would strongly recommend him to both friends and family.

Michael H.

I am extremely grateful for Andrew, who skillfully reduced my felony charge to a misdemeanor. He was professional, attentive, and kept me informed every step of the way. His dedication and expertise truly made a difference in my case. Highly recommend!

Chuhan Feng

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