What Happens When You Resist Arrest in Illinois?

 Posted on October 03, 2024 in Criminal Defense

People naturally try to avoid harmful situations. We are hard-wired to engage in a "fight or flight" response, and it is reasonable to expect someone to do whatever they can to prevent something negative from happening to them. When it comes to being arrested, this instinct can be problematic. In Illinois, resisting arrest is treated as a serious charge with severe consequences. There are various directions you could pursue to defend yourself against these charges. The best step you can take is to find a reliable Will County, IL criminal defense lawyer to advise you on how to proceed.

Resisting Arrest Charges Explained

If you knowingly resist or obstruct a police officer who is trying to arrest you, you could be accused of resisting arrest. That can include fleeing, physically fighting with them, or providing false information. This is generally charged as a Class A misdemeanor, which can be punished with fines up to $2,500 and up to one year in jail. If anyone else, including the police officer or a bystander, gets injured in the process, it can be charged as a felony, with harsher penalties.

Possible Defenses for Charges of Resisting Arrest

Depending on the specific details of your case, there are various possibilities for defending against the charges, including:

• Self-defense: If you believe your safety is at risk and you are being unlawfully harmed, for example, if the arresting officer used excessive force or made inappropriate and racist statements, you can claim self-defense.
• Lack of intent: If you were unaware that the person you were fleeing or fighting was a police officer, this would be a good example of when to claim lack of intent.
• Procedural errors: If the arresting officers failed to follow arrest protocols properly, the arrest could be considered invalid, and any charges of resisting it could be dismissed.
• Unlawful arrest: If there was no probable cause or your constitutional rights were violated during the arrest, you can argue that it was unlawful. In such a case, charges of resisting that arrest could be dismissed.

Schedule a Free Consultation with a Joliet, IL Criminal Defense Lawyer

If you are charged with resisting arrest, a knowledgeable Will County, IL criminal defense attorney can help you navigate the steps involved in defending against those charges. At McNamara Phelan McSteen, LLC, we are passionate about building specially tailored cases for our clients by examining their arrests' circumstances. Contact us at 815-727-0100 so we can begin working together to protect your interests. Call now for a free consultation.