Being charged with resisting arrest is a serious matter in Illinois. Under Illinois law, this charge can arise from even minor actions that an officer interprets as noncompliance. Whether you’re facing a misdemeanor or something more serious, the consequences can include fines, jail time, and a permanent criminal record. A Chicago criminal defense lawyer can help you fight these charges and work to minimize their impact on your future.
Charged With Resisting Arrest? Here’s What You Can Do
This guide explains the following:
- What constitutes resisting arrest in Illinois
- Potential penalties for a conviction
- Common defenses against resisting arrest charges
- Steps to take after being charged
- How a Chicago criminal defense lawyer can assist
Here’s an overview of the immediate actions to take if you’re charged with resisting arrest:
- Avoid making statements to the police without a lawyer: Anything you say can be used against you in court.
- Document the incident: Write down everything you remember as soon as possible, including the names of witnesses.
- Contact a lawyer immediately: A lawyer can evaluate the circumstances of your arrest and develop a defense strategy.
- Comply with any court requirements: Failing to appear or respond to court orders can make your situation worse.
Now, let’s examine these topics in more detail.
What Constitutes Resisting Arrest in Illinois
Under Illinois law, resisting arrest involves knowingly obstructing or delaying a law enforcement officer’s efforts to perform their official duties. This can include actions such as pulling away when being handcuffed, refusing to comply with verbal commands, or interfering with an arrest.
In some cases, even verbal actions, such as arguing or shouting, may lead to a resisting arrest charge if they are perceived as obstructive. It’s important to note that this charge can apply even if the underlying reason for the arrest is later found to be invalid.
Potential Penalties for a Conviction
Resisting arrest is generally charged as a Class A misdemeanor in Illinois, which can result in:
- Up to one year in jail
- Fines of up to $2,500
- Probation or community service
If the alleged resistance involves physical injury to an officer or escalates the situation, the charge may be upgraded to a felony, which carries harsher penalties, including extended prison time and larger fines. A conviction for resisting arrest can also result in a permanent criminal record, affecting your employment and housing opportunities.
Common Defenses Against Resisting Arrest Charges
There are several defenses that may apply to resisting arrest charges, depending on the circumstances. These include:
- Lack of intent: Demonstrating that your actions were not willful but rather a reflex or misunderstanding.
- Unlawful arrest: If the arrest itself was unlawful, the resistance may be justified under certain circumstances.
- Excessive force by police: Showing that the officer used excessive or unnecessary force, which led to your actions.
- Witness testimony: Statements from bystanders may contradict the officer’s account and support your defense.
A lawyer will carefully evaluate the details of your case to determine which defenses are most applicable.
Steps to Take After Being Charged
If you’ve been charged with resisting arrest, it’s crucial to act quickly and strategically. Avoid discussing the incident with anyone other than your lawyer, as even casual comments can be used against you in court.
Documenting the events surrounding your arrest is an essential step. Include details about what happened, the actions of the officer, and the presence of any witnesses. If you experienced any injuries, seek medical attention and document your injuries with photos or medical reports.
Lastly, contact a criminal defense lawyer as soon as possible. They can review your case, advise you on your rights, and build a defense strategy tailored to your situation.
How a Chicago Criminal Defense Lawyer Can Assist
A Chicago criminal defense lawyer can be an invaluable ally if you’re facing resisting arrest charges. Your lawyer will analyze the evidence against you, including police reports and body camera footage, and identify any inconsistencies or violations of your rights.
They can negotiate with prosecutors to reduce or dismiss the charges and, if necessary, represent you in court to fight for the best possible outcome. With their guidance, you’ll be better prepared to navigate the legal process and protect your future.
FAQ About Resisting Arrest in Illinois
Check out these commonly asked questions about resisting arrest charges in Illinois. If you don’t see your question here, please call our office and we’ll find you the answers you need.
Can Resisting Arrest Be Charged Without Physical Resistance?
Yes. Verbal actions or noncompliance, such as refusing to follow an officer’s instructions, can also lead to a resisting arrest charge.
Can I Be Convicted of Resisting Arrest if the Original Arrest Was Unlawful?
Potentially. Illinois courts may still pursue resisting arrest charges even if the original arrest was unlawful, although this can be challenged in your defense.
What Are the Penalties for a Felony Resisting Arrest Charge?
Felony resisting arrest charges can result in extended prison sentences, larger fines, and a permanent criminal record.
How Can I Prove the Officer Used Excessive Force?
Evidence such as witness testimony, body camera footage, and medical records can help demonstrate excessive force by law enforcement.
How Can a Lawyer Help With Resisting Arrest Charges?
A lawyer can review the details of your arrest, identify legal defenses, and work to reduce or dismiss the charges against you.
Facing resisting arrest charges in Chicago can be overwhelming, but understanding your rights under Illinois law is the first step toward protecting yourself. A Chicago criminal defense lawyer can guide you through the process, advocate on your behalf, and help you achieve the best possible outcome for your case.
Do You Need to Talk to an Attorney?
If you’ve been accused of a crime, we may be able to help you – and don’t worry: It’s completely confidential. Call us at 847-920-4540 or fill out the form below to schedule your free, private consultation with an experienced and skilled Chicago criminal defense attorney now.
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