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 aggressive prosecutors.

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.