Resisting arrest is a Class A Misdemeanor. Illinois statute 720 ILCS 5/31-1 states:
A person who knowingly resists or obstructs the performance by one known to the person to be a peace officer, firefighter, or correctional institution employee of any authorized act within his official capacity commits a Class A misdemeanor.
The range of penalties for the charge of Resisting Arrest is up to 364 days in jail, fines up to $2,500, and up to 24 months conditional discharge or probation. This offense is not eligible for supervision. Additionally, the minimum penalty for a conviction is two days in jail or 100 hours of public service work. Resisting arrest is viewed as a serious offense by the Illinois Criminal Justice System, since it is not eligible for supervision and a conviction could follow you the rest of your life.
Acts that can be considered resisting arrest include:
- Physical acts, such as fleeing and hiding from, or struggling with a police officer
- Giving false identification, either verbally or by presenting a fake ID
- Trying to assist another person in avoiding arrest or questioning by police
- Threatening a police officer
When facing resisting arrest charges, it is essential to find a skilled lawyer as early in the process as possible to ensure the best possible outcome. Criminal defense attorney Paul M. Marriett has successfully defended all manner of resisting-arrest charges and pursues all available legal options gets cases of resisting arrest dismissed.
A typical legal maneuver used in the defense of these cases, for instance, is to file a motion requesting information about the personnel file of the police officer involved in the arrest. It also is not possible to intentionally resist a police officer if you do not know the person is an officer of the law, especially if it’s an undercover officer who did not verbally identify themselves.
If you or someone you know is are facing the charges of resisting arrest, obstruction of justice, assault on a police officer or a similar offense in Rockford, or anywhere in Winnebago County and the surrounding northern Illinois communities, contact the Law Office of Paul M. Marriett for a free consultation at (815) 391-0089 or by email here.