Resisting Arrest Lawyer in Chicago
A resisting arrest charge can escalate quickly. The right attorney can stop one moment from defining your future.
If you have been accused of resisting arrest in Chicago or the surrounding suburbs, you are likely worried about jail time, fines, and the lasting impact on your criminal record. Illinois courts take these charges seriously, and even minor behavior can lead to harsh consequences.
The team at Kovacevic Law investigates every detail of your arrest, challenges weak evidence, and fights aggressively to get your charges reduced or dismissed.
What Counts as Resisting Arrest in Illinois
Resisting arrest is defined broadly under 720 ILCS 5/31-1. You can be charged with this offense if you:
- Knowingly resist or obstruct a peace officer, firefighter, or correctional officer who is performing official duties
The law covers far more than physical confrontation. Words, actions, or behavior that hinder an officer in any way can qualify.
Who Is Considered a Protected Official
Resisting arrest does not apply only to police officers. The law also protects:
- Firefighters
- Correctional officers
- Any peace officer carrying out official duties
They must be acting in their official capacity at the time of the alleged misconduct. If you did not know the person was an officer or had legitimate reason to doubt their authority, that may be a defense.
Examples of Conduct That May Lead to Charges
Illinois law gives prosecutors wide discretion. Acts that may result in resisting arrest charges include:
- Running or pulling away from an officer
- Providing false identification
- Blocking emergency vehicles
- Threatening a correctional officer
- Physical struggle during an arrest
- Interfering with another person’s arrest
- Making gestures or statements that disrupt an officer’s duties
- Even nonviolent behavior can lead to charges if the officer claims you obstructed their actions.
Penalties for Resisting Arrest in Chicago
The severity of the charge depends on whether your actions caused injury or created danger.
Class A Misdemeanor
When no aggravating factors are present:
- Up to 12 months in county jail
- Up to $2,500 in fines
Courts may also impose mandatory community service or short-term jail requirements.
Class 4 Felony
If an officer, firefighter, or correctional officer is injured:
- 1 to 3 years in state prison
- Up to $25,000 in fines
A felony conviction can impact employment, licensing, firearm rights, and your long-term record.
For a free legal consultation with a Criminal Defense lawyer serving the Chicagoland area, call (312) 344-3340.
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Frequently asked questions
Learn what to expect when facing resisting arrest charges in Illinois and how the legal process works.
Can I be charged even if I never touched the officer?
Yes, you can be charged with resisting arrest from verbal obstruction, running, or interfering in any way can lead to charges, even without physical contact.
What if I didn’t know the person was an officer?
You must knowingly resist someone you recognize as law enforcement or another protected official. Lack of knowledge can form a valid defense.
Is resisting arrest always a felony?
No, it is usually a misdemeanor unless an officer suffers an injury, which elevates it to a Class 4 Felony.
Can resisting arrest be added to other charges?
Yes, resisting arrest can be added to other charges. It is commonly added during tense or chaotic arrests, even when the underlying charge is minor.
Will a resisting arrest conviction stay on my record?
Yes, both misdemeanor and felony convictions can appear permanently on your criminal record unless expunged or sealed.