Resisting Arrest Lawyers in Chicago & DuPage County IL.
The crime of resisting arrest is often a “cover charge” to justify a police officers’ excessive use of force or false arrest. Aggressively fighting these charges is essential in not only defending your liberty, but also an often times necessary step for a future civil rights victory.
Resisting arrest is a vaguely defined crime under Illinois law, with a wide array of behavior and thus leading to a large number of arrests for the crime each year. This charge holds the potential for jail time, probation, monetary fines and significant consequences for your future. Under certain circumstances, if injury occurs to the police officer while you are resisting or obstructing, you can be charged with a felony offense. Contact the Dvorak Law Offices, LLC. right away if you have been charged.
Resisting Arrests Laws in Illinois
Illinois' resisting arrest statute applies where a person "knowingly resists or obstructs the performance of a police officer during the officer's performance of an authorized act in his or her official capacity." This definition covers a wide range of verbal and physical conduct. Illinois' resisting arrest statute is listed under 720 ILCS 5/31-1.
What is Resisting Arrest in Illinois?
A person resists arrest when an affirmative act of defiance when an officer is attempting to arrest the individual. The act could be:
--Pulling away from the police officer
--Refusing to put hands behind the head or the back
--Fleeing from the police officer.
The law is worded so that the charge can capture almost any act that serves to resist an officer's attempt to make an arrest. In addition, Illinois generally provides you with no right to resist an unlawful arrest. However, there are certain defenses available for resting an officer’s excessive use of force.
Illinois' obstructing justice statute applies where a person "destroys, alters, conceals, or disguises physical evidence, plants false evidence, or furnishes false information, with the intent to prevent the apprehension or obstruct the prosecution or defense of any person." This expansive and vague definition covers arguably innocent conduct. For example, the Illinois Supreme Court has explained that "concealing" evidence is "obstruction" only if the person materially impedes the investigation. Other versions of this offense are subject to attack as well.