Illinois Resisting Arrest Laws

If you are facing Illinois resisting arrest charges, resisting a peace officer charges, or accusations of obstructing a police officer, it’s important to understand the charges against you. Being aware of the elements of resisting arrest, possible felony enhancements for officer injury, and available criminal defense strategies is critical for protecting your record and your rights.

The definition of resisting arrest under Illinois law (720 ILCS § 31-1) may leave arrestees uncertain of their rights during detention and booking. In this article, we explain how resisting arrest laws work in Illinois to provide you with a better understanding.

Illinois Resisting Arrest Laws

In the state of Illinois, a police officer must have grounds to make an arrest for another offense before making a resisting arrest charge. The arresting officer must have been in the act of arresting the individual at the time. Resisting arrest cannot stand alone as a charge.

In many cases, resisting or obstructing involves physical behavior that interferes with an officer’s ability to perform their duties. This can include pulling away, struggling, or physically blocking an officer during an arrest or other authorized act.

Obstructing a Peace Officer

Obstruction is a form of resisting. This broad category covers most other types of resisting and includes anyone who impedes a peace officer, firefighter, or paramedic acting in their official capacity. Obstruction may include conduct that interferes with an officer’s, firefighter’s, or correctional employee’s ability to perform an authorized duty, such as:

• Physically blocking entry to or exit from a location that the officer is lawfully trying to access
• Providing false identifying information or other false information that actually hinders an ongoing investigation or authorized act
• Actively helping another person evade arrest or otherwise interfering with an officer’s attempt to make a lawful arrest

Refusing repeated lawful commands to leave a crime scene or walking away while an officer is lawfully detaining or arresting you can be treated as obstruction if it interferes with the officer’s duties. Whether you can be charged will depend on the details of the incident.

Lawful and Unlawful Arrest

In Illinois, courts strongly discourage physical resistance to an arrest. Even if the person believes the arrest is unlawful, it’s often better to challenge the legality in court rather than on the street.

In situations where an officer uses excessive force, you may have a possible claim of self-defense. Self-defense is an affirmative defense. This means you must establish that the officer used excessive force during your arrest, and that your use of force was appropriate under the circumstances. If opting for this defense strategy, it’s a good idea to meet with a criminal defense lawyer.

Penalties

Criminal charges for resisting arrest depend on the degree of the action. In general, resisting arrest or obstruction is a Class A misdemeanor. Conviction under a Class A misdemeanor is punishable by up to one year in jail, fines of up to $2,500, or both. Anyone convicted of resisting arrest must receive a minimum of 48 hours in the county jail and perform at least 100 hours of community service.

If the officer, firefighter, or correctional institution employee is injured during the arrest, the crime becomes a Class 4 felony offense. This is punishable by imprisonment for one to three years, along with the other sanctions.

Note: State laws are subject to change through the passage of new legislation, court rulings, ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) you are researching before making any legal decisions.

Illinois Resisting Arrest Laws: Related Resources

• Illinois Criminal Statute of Limitations Laws
• Illinois Criminal Laws
• Police Misconduct and Civil Rights
• Excessive Force and Police Brutality

Get Legal Advice From an Illinois Criminal Defense Attorney

Under Illinois law, resisting arrest is a misdemeanor offense without a clear definition. Law enforcement often uses the charge for plea bargaining purposes. With adequate legal representation, you may avoid the additional charge if there is no probable cause for a resisting arrest conviction. After any arrest, talk to an Illinois criminal defense attorney before saying anything to the police.