Consequences of Resisting Arrest

 Posted on September 06,2018 in Criminal Defense

No one expects, or wants, to be arrested on any given day. There are many stories in the news these days about people resisting arrest and are injured in the process. Even though getting arrested is an inconvenience, it is importantto notresista police officer makingan arrest. Resisting arrest in Illinois can result in additionalcriminal charges.

Resisting Arrest in Illinois

Under Illinois statute, the official title for resisting arrest is “Resisting or Obstructing a Peace Officer, Firefighter, or Correctional Institution Employee.” This title brings about a broad category of peopleto whomthe statute applies. Police officers, peace officers, firefighters, and correctional officers are all considered protected workers under the statute.

Additionally, it is not just resistingan actual arrest that can result in a charge under the statute. In addition to resisting arrest, other acts can result in a charge and include:

• Hitting a protected worker during the arrest;
• Not consenting to being arrested;
• Being hesitant to respond to the arrest or moving too slowly or reluctantly;
• Acting in a way that results inan officer having to drag you or carry you during the arrest;
• Running away from an officer while being arrested; and
• Pulling away from an officer while being arrested.

The statute does not just cover situations where a person “resists” arrest in some way or another. One can also be charged ifhe or she obstructs the protected worker while doinghis or her duties.

Examples of ways one can obstruct a protected worker who is doing his or herjob include:

• Not leaving the scene of a crime after being instructed to do so;
• Causing an interference in a police investigation;
• Preventing a protected worker from doinghis or her job, like preventing a firefighter from being able to put out a fire;
• Relaying false information to the police; and
• Using fake identification when talking to the police.

The charge of resisting arrests can result in a misdemeanor charge. A conviction carries a penalty of at least spending 48 hours in jail or completing 100 hours of community service. There is also the possibility of fines. Resisting arrest can result in a felony charge if an injury is caused to the protected worker while resisting or obstructing.

Contact Us Today for Help

While resisting arrest might not seem like a big issue, it is and should be taken seriously. Criminal charges are serious and should be treated as such. Dedicated Rolling Meadows criminal defense attorney Christopher M. Cosley is here to defend you no matter how seemingly small the charge. Do not let charges accumulate on your criminal record. Contact us today to get your defense started.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K31-1