Here’s What You Need To Know
If you’ve been charged with resisting arrest in Illinois, understand one thing: this is not a minor accusation. Prosecutors don’t treat these cases lightly, and neither do we. At Edward Johnson & Associates, we treat every charge as a threat to your freedom, your reputation, and your future. When police accuse someone of resisting, they’re often trying to cover their own misconduct. That’s where we come in.
Understanding And Defending Against Resisting Arrest Charges
Under 720 ILCS 5/31-1, resisting or obstructing a peace officer, firefighter, or correctional employee is a Class A misdemeanor. If someone is injured because of the alleged resistance, the charge can become a Class 4 felony. Prosecutors like to stack this charge onto other offenses to strengthen their case, but we dismantle those tactics. We fight smart, and we fight hard.
The statute is vague. It doesn’t define exactly what “resisting” means, which gives law enforcement too much room to twist the facts. You could be charged for pulling away during handcuffing, not obeying an officer fast enough, or simply asking too many questions. That lack of clarity is dangerous, and we exploit it to your advantage.
We know how to expose weak police reports. We subpoena body cam footage, interview witnesses, and pressure the prosecution to prove every element beyond a reasonable doubt. If they can’t, we push for dismissal. If they want to play hardball, we push harder. We do not back down. Our courtroom reputation is built on making prosecutors think twice before bringing a weak case against our client.
And if negotiating a favorable deal puts you in a better position, we know when to pull that trigger, too. It’s not about bravado. It’s about results. We get them because we’re relentless, tactical, and we never lose focus.
Illinois Resisting Arrest Defense Frequently Asked Questions
What Does It Mean To Be Charged With Resisting Arrest In Illinois?
Being charged with resisting arrest under 720 ILCS 5/31-1 means you allegedly delayed, obstructed, or resisted a police officer during a lawful arrest or while they were performing their duties. This charge often hinges on vague interpretations and can be used to cover up misconduct by law enforcement.
Can I Be Convicted Just For Pulling Away From An Officer?
Yes, prosecutors may argue that pulling away or tensing up during handcuffing qualifies as resisting. However, the law requires more than just physical movement. They must prove you intentionally resisted. We challenge these interpretations and attack the credibility of any exaggerated police accounts.
Is Resisting Arrest A Felony Or Misdemeanor?
Resisting arrest is usually a Class A misdemeanor punishable by up to 364 days in jail and a $2,500 fine. But if an officer gets injured during the incident, the charge may be upgraded to a Class 4 felony, which carries one to three years in prison. Either way, the charge is serious and requires immediate legal defense.
Can I Fight A Resisting Arrest Charge If There Was No Other Crime?
Yes, and we often do. If the arrest itself was unlawful or based on false allegations, we attack the charge at its core. A standalone resisting charge with no underlying offense is suspicious. We use that to show the charge lacks legal foundation and should be dismissed.
Will A Resisting Arrest Conviction Go On My Record?
Yes. A conviction will appear on your criminal record and can impact your employment, professional licenses, and more. That’s why we aim to avoid convictions at all costs. We push for dismissal, reduction, or court supervision whenever possible.
Can Police Lie To Justify A Resisting Arrest Charge?
Police may exaggerate or mischaracterize your behavior to justify their use of force or arrest. That’s why body cam footage, witness statements, and a thorough defense investigation are critical. We know how to expose inconsistencies and use them to defend you.
Should I Plead Guilty To Get It Over With?
Never plead guilty without legal representation. Prosecutors offer quick deals to get easy convictions, but you could be giving up defenses you didn’t even know you had. We analyze your case, expose weaknesses in the state’s evidence, and fight for the outcome you deserve.
Call A Defense Attorney Who Works Hard and Fights Hard For You
At Edward Johnson & Associates, we treat resisting arrest charges like the serious threats they are. We don’t flinch. We don’t fold. We fight smart and hard because your future is worth it. Don’t let a vague accusation ruin your life.
Contact our Chicago criminal law attorney at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Our office is located in Chicago, and we defend clients across the entire Chicagoland metro. When prosecutors bring a fight to your doorstep, make sure you have the bulldogs in your corner.