At Edward Johnson & Associates, we’ve seen how quickly a routine police encounter can escalate into a criminal charge for resisting arrest. When prosecutors add the element of violence, the stakes go up. This isn’t a minor issue. It’s a charge that can land you in jail, damage your reputation, and complicate any other charges you’re facing. We fight these cases because we know how aggressive law enforcement and prosecutors can be when they believe a suspect fought back.
Under 720 ILCS 5/31-1(a), resisting or obstructing a peace officer occurs when someone knowingly resists or obstructs the performance of an officer or firefighter. When violence or injury occurs during the encounter, prosecutors will often enhance the charge. What may start as a misdemeanor can quickly become a felony if an officer claims they were injured. The law gives police broad authority, but it doesn’t give them the right to exaggerate or misrepresent what happened. That’s where we step in to dismantle their case piece by piece.
Resisting arrest with violence often arises during high-pressure situations, including drug-related investigations under 21 U.S.C. Chapter 13 (Controlled Substances Act) and 720 ILCS 570 (Illinois Controlled Substances Act). Federal and state drug enforcement officers are quick to add resisting charges when they believe force was used to interfere with an arrest or search. These cases can bring both state and federal attention, increasing potential penalties.
Prosecutors in Illinois treat violent resistance seriously because it involves alleged physical contact with law enforcement. A conviction can mean:
- Felony charges if injury to an officer is proven.
- Up to 1-3 years in prison for a Class 4 felony, or longer if aggravated battery charges are added.
- A permanent mark on your record that can impact employment, licensing, and future criminal cases.
We don’t let the state control the narrative. We investigate body cam footage, witness statements, and every second of the arrest. If force used was self-defense against unlawful police actions, or if claims of violence are exaggerated, we put prosecutors on the defensive. Our job is to attack weak evidence and protect your rights at every turn.
Frequently Asked Questions About Resisting Arrest With Violence In Illinois
What Qualifies As Resisting Arrest With Violence In Illinois?
Resisting arrest with violence typically involves physical actions that interfere with an officer’s attempt to detain or arrest you. Examples include pushing, striking, or physically struggling against an officer. If the officer claims injury, prosecutors may upgrade the charge to a felony under 720 ILCS 5/31-1(a).
Can I Be Charged If I Was Only Defending Myself?
Yes, police may still charge you even if you believe you acted in self-defense. Illinois law allows you to defend yourself from excessive or unlawful force by officers, but proving this in court can be complex. We aggressively present evidence showing your actions were reasonable and necessary under the circumstances.
What Are The Penalties For Resisting Arrest With Violence?
A standard resisting charge is a Class A misdemeanor with up to 364 days in jail and fines up to $2,500. If violence causes injury to an officer, it becomes a Class 4 felony punishable by 1 to 3 years in prison and additional fines. Prosecutors may also add aggravated battery charges under 720 ILCS 5/12-3.05, increasing potential penalties.
How Does This Charge Affect Other Drug-Related Charges?
In drug crime cases under 21 U.S.C. Chapter 13 or 720 ILCS 570, prosecutors may stack resisting charges on top of possession or distribution charges. This increases potential prison time and complicates plea negotiations. Our team attacks each charge individually to reduce overall exposure.
Can This Charge Affect My Future Beyond Jail Time?
Yes. A conviction for resisting arrest with violence stays on your record permanently. It can hurt job prospects, housing applications, and credibility in future court cases. Avoiding a conviction or getting charges reduced is critical to protecting your future.
How Do You Fight A Resisting Arrest With Violence Charge?
We investigate every detail: whether the stop was lawful, whether police used excessive force, whether body cam footage contradicts reports, and whether injuries are exaggerated or fabricated. We pressure prosecutors by exposing weaknesses in their case and negotiating from a position of strength.
Call Edward Johnson & Associates For An Aggressive Defense
If you’re facing a resisting arrest with violence charge in Chicago or anywhere in the Chicagoland area, don’t wait. These cases move fast, and prosecutors aim to make an example out of you. At Edward Johnson & Associates, we fight relentlessly to protect your rights, your freedom, and your future. Contact our Chicago criminal law lawyer at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. When the state comes after you, you need bulldogs in your corner who know how to hit back strategically and effectively.