Resisting Arrest in Illinois
Rosemont Criminal Defense Attorney
During an arrest, having handcuffs slapped on and being thrown into the
back of a police car can be tremendously stressful. With the anxiety and
confusion created by the process, it may be understandably difficult to
know what to do. However, if while being taken into custody an officer
interprets your behavior as being aggressive or resistant, you may face
additional charges for resisting arrest.
Do not make the mistake of underestimating the seriousness of this situation.
If convicted you could face time in prison, substantial fines, and a mark
on your criminal record. In fact, you can be charged with resisting arrest
even if the original reason for the visit from law enforcement does not
lead to a case. At Ahmad Law Firm, our
Rosemont criminal defense attorneys know your rights and can fight tirelessly to defend your freedom from
Charged with resisting arrest? Schedule a case evaluation
with our firm today and discover your possible defenses.
What Constitutes Resisting Arrest?
In Illinois, resisting arrest is defined in
720 ILCS 5/31-1. The statute states that a person who knowingly resists or obstructs a
peace officer, firefighter, or correctional institution employee in the
performance of their duties is guilty of this crime. Typically, the crime
is charged as a Class A misdemeanor punishable by up to a year in prison
and $2,500 in fines. However, if an injury occurred during an arrest,
a person may be charged with a class 4 felony punishable by up to three
years in prison.
Unfortunately, the vague language of this legal statute leaves room for
interpretation, meaning that a wide range of behavior can lead to an accusation
of resisting arrest. On one hand, actions such as fleeing from the police
may lead to charges. However, an officer may argue that the failure to
put your hands behind your back in a timely manner was resistant behavior.
Get a Former Prosecutor in your Corner
Due to the subjective nature of an accusation for resisting arrest, a suspect
who has done nothing wrong can find themselves facing a possible jail
sentence. Whether you have been charged with a felony or a misdemeanor,
Ahmad Law Firm can help to clear your name. Our Rosemont criminal defense
attorney is a former prosecutor who understands how the case against you
is likely to be structured and can craft a powerhouse defense accordingly.
Our legal team is available 24/7. Call (312) 702-0878 or
contact us online
today and find out how to defend your rights.