Resisting Arrest

Experienced Illinois Criminal Defense Attorney Explains Resisting Arrest Charges

If you or a loved one is facing Resisting Arrest charges in Illinois, you are likely overwhelmed and unsure of what to do next. As a criminal defense attorney with over 32 years of experience representing clients throughout Illinois, I’ve defended countless people accused of this offense. A Resisting Arrest charge may seem minor, but it carries serious legal consequences that can follow you for the rest of your life. Whether the charge is based on a misunderstanding, an emotional reaction, or an overreaction by law enforcement, it is critical that you understand the nature of the accusation, what the prosecution must prove, and how to protect your rights.

This page will walk you through everything you need to know about Resisting Arrest charges in Illinois, including examples, consequences, defenses, and why hiring an experienced lawyer is essential.

What Is Resisting Arrest in Illinois?

Under 720 ILCS 5/31-1, a person commits Resisting or Obstructing a Peace Officer when they knowingly resist or obstruct the performance of any authorized act by a peace officer, firefighter, or correctional institution employee.

While that might sound broad, the most common application of this law involves people accused of physically or non-physically resisting a police officer during an arrest or lawful detention.

Key Elements of the Offense

To convict someone of Resisting Arrest in Illinois, the prosecution must prove:

• The accused knowingly resisted or obstructed;
• A person known to be a peace officer (or equivalent);
• While the officer was performing an authorized act within their official capacity.

In other words, the State must show that the officer was acting lawfully, and that the accused intentionally resisted, delayed, or interfered.

Examples of Resisting Arrest in Illinois

Resisting Arrest does not always involve violence or even physical contact. Here are some real-world examples that often result in charges:

• Pulling away or tensing up during a lawful arrest.
• Running from police after being told to stop.
• Verbally refusing to cooperate during a traffic stop or investigation.
• Blocking or delaying officers during the execution of a warrant.
• Recording police and refusing to move when ordered—if seen as obstruction.

In many cases, emotions are high and people panic, leading to split-second decisions that can result in felony or misdemeanor charges. I’ve handled cases where clients were arrested simply for asking “Why am I being arrested?” while trying to pull their arm away, or for videotaping a scene from a few feet away. The line between resisting and passive noncompliance is often blurry—and law enforcement doesn’t always draw that line fairly.

Consequences of a Resisting Arrest Conviction in Illinois

Resisting Arrest is a Class A misdemeanor, punishable by:

• Up to 364 days in jail
• Fines up to $2,500
• Mandatory community service of at least 100 hours
• Permanent criminal record
• Court costs, supervision fees, and possible probation

If the resistance causes injury to the officer, the charge can be upgraded to a Class 4 felony, which carries:

• 1 to 3 years in prison
• Up to $25,000 in fines
• Permanent felony conviction

Even if you avoid jail time, a conviction will go on your criminal record, which can affect employment, housing, immigration status, and more.

Common Defenses to Resisting Arrest Charges

Each case is unique, but several legal strategies can be used to defend against a Resisting Arrest charge:

1. Lack of Intent

You must have knowingly resisted or obstructed. If your actions were unintentional, confused, or the result of miscommunication, this can be a strong defense.

2. Unlawful Arrest

If the officer was not performing a lawful duty—such as acting without a warrant or probable cause—you cannot be convicted of resisting. Illinois courts recognize that resisting an unlawful arrest does not constitute this crime.

3. Excessive Force or Police Misconduct

In cases where police use unjustified force or escalate a situation, your resistance may be considered self-defense. Bodycam footage, witness testimony, and medical records can support this.

4. Lack of Evidence

Many Resisting Arrest charges are based solely on the arresting officer’s word. If there is no video evidence or third-party witnesses, we may be able to challenge the credibility of the accusation.

Why Are Resisting Arrest Charges Common?

In many cases, Resisting Arrest charges are used to cover up or justify questionable police conduct. I’ve seen officers tack on this charge when a stop turns aggressive, or when someone asserts their rights—especially in tense encounters. Unfortunately, prosecutors often defer to law enforcement without fully examining whether the charge is truly warranted.

How I Defend Clients Accused of Resisting Arrest

As a seasoned criminal defense attorney with a long track record in Cook, DuPage, Kane, Lake, and Will Counties, I have the knowledge and courtroom experience to aggressively defend you. When you hire me, I will:

• Review all police reports, videos, and witness accounts
• Analyze whether the arrest was lawful
• Challenge the officer’s version of events
• File motions to dismiss or suppress evidence when applicable
• Negotiate with prosecutors for charge reductions or dismissal
• Fight the case in court, if necessary, to protect your record

My goal is always to get your charges reduced, dismissed, or resolved with no permanent mark on your record. When possible, I pursue options like court supervision, deferred prosecution, or expungement.

Why You Need an Experienced Illinois Resisting Arrest Lawyer

Resisting Arrest may seem like a small charge, especially compared to violent felonies—but don’t be fooled. It’s a serious allegation that often complicates other charges, such as DUI, Domestic Battery, or Disorderly Conduct. Prosecutors may try to use it to paint you as uncooperative or aggressive, damaging your credibility in any related case.

An experienced lawyer knows how to read between the lines, identify flaws in the State’s case, and fight back with facts and legal knowledge.

Frequently Asked Questions

Can Resisting Arrest be expunged in Illinois?

It depends. If your case is dismissed, you may be eligible for expungement. If you’re convicted, a misdemeanor conviction usually cannot be expunged but may be sealed under certain circumstances.

Can I be charged if I didn’t touch the officer?

Yes. Physical contact is not required. Simply refusing to comply, fleeing, or interfering with a lawful arrest can be considered “resisting.”

Will I go to jail?

Jail time is possible but not guaranteed. An experienced attorney can often negotiate alternatives like supervision or probation, especially for first-time offenders.

Call James Dimeas Today for a Free Consultation

If you’re facing Resisting Arrest charges in Illinois, don’t wait. The sooner we start working on your defense, the more opportunities we have to protect your record, your rights, and your future. I have decades of experience fighting and winning tough criminal cases—and I treat every client with respect, honesty, and dedication.

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