Resisting arrest is a serious offense that can have significant consequences in the state of Illinois. It is important to have a clear understanding of what constitutes resisting arrest under Illinois law, the penalties associated with it, the available defenses, and the legal assistance that can be sought. This article aims to provide an overview of these aspects to help individuals facing resisting arrest charges in Illinois.
What Does Resisting Arrest Mean Under Illinois Law?
Under Illinois law, resisting arrest is defined as intentionally obstructing, opposing, or resisting the performance of a police officer’s lawful duties, including arrest. The Illinois Compiled Statutes, specifically 720 ILCS 5/31-1, outlines the offense of resisting or obstructing a peace officer, firefighter, or correctional institution employee.
Actions Constituting Resisting Arrest under Illinois Law
Actions that can constitute resisting arrest in Illinois include but are not limited to:
- Physically struggling or resisting when a police officer attempts to make an arrest.
- Fleeing or attempting to flee from a police officer in order to avoid arrest.
- Using force or violence against a police officer during an arrest.
- Providing false identification or giving misleading information to a police officer.
Penalties for Resisting Arrest Under Illinois Law
The penalties for resisting arrest in Illinois depend on the circumstances and severity of the offense. Generally, resisting arrest is classified as a Class A misdemeanor. Convictions for a Class A misdemeanor can result in imprisonment for up to one year and fines of up to $2,500.
However, if the act of resisting arrest involves the use of force or threat of force against a police officer, it may be classified as a Class 4 felony. Convictions for a Class 4 felony can lead to imprisonment for one to three years and fines of up to $25,000.
Defenses to a Resisting Arrest Charge in Illinois
While each case is unique, several defenses can be used against a resisting arrest charge in Illinois. These include:
- Lack of intent: Proving that the individual did not have the intention to obstruct or resist the police officer’s lawful duties.
- Excessive force: Arguing that the level of force used by the police officer was unreasonable or excessive, justifying resistance.
- Lack of evidence: Challenging the prosecution’s evidence or witnesses to create reasonable doubt.
How Glasgow & Olsson Attorneys Can Assist
Resisting arrest charges in Illinois should not be taken lightly. Understanding the legal definition, potential penalties, and available defenses and seeking the assistance of skilled attorneys can significantly impact the outcome of a case. If you or someone you know is facing a resisting arrest charge, it is crucial to consult with experienced legal professionals, such as us at Glasgow & Olsson, who can provide personalized guidance and effective representation throughout the legal process. Remember, navigating a resisting arrest charge can be complex, but with the right legal support, you can work toward a favorable resolution.
By familiarizing yourself with the laws surrounding resisting arrest in Illinois, understanding the actions that may constitute the offense, and exploring the available defenses, you can better protect your rights and build a strong defense. Contact Glasgow & Olsson today to discuss your case and take the first step toward resolving your resisting arrest charge. Remember, when you need an attorney, experience matters. Contact us now.