Charged with Resisting Arrest in Illinois? Here’s What You Need to Know
Being charged with resisting arrest in Illinois can turn a bad situation into a much worse one. Whether or not the original arrest was lawful, resisting—even passively—can lead to a separate criminal charge with serious consequences.
What Is Resisting Arrest in Illinois?
Under 720 ILCS 5/31-1, resisting or obstructing a peace officer is a Class A misdemeanor, punishable by up to 364 days in jail and a mandatory minimum sentence of 48 consecutive hours in jail or 100 hours of community service. If the officer is injured during the incident, the charge can be upgraded to a Class 4 felony—which could mean 1 to 3 years in prison.
Illinois law defines resisting arrest broadly. You can be charged for:
Pulling away from an officer
Refusing to place your hands behind your back
Physically struggling or fleeing
Blocking or interfering with police activity
Even verbal resistance or failing to comply with commands can lead to charges in certain situations.
Why These Charges Are Dangerous
Police reports often favor the officer’s version of events, and resisting arrest charges are frequently added to justify questionable or aggressive policing. These charges can be especially damaging when paired with other accusations—like disorderly conduct, battery, or DUI—creating the appearance of a more serious incident.
Unfortunately, juries often give officers the benefit of the doubt, which is why these cases require a strategic and aggressive defense.
You Need a Skilled Criminal Defense Attorney
If you're facing a resisting arrest charge in Illinois, don’t assume it will go away on its own. These cases can carry long-term consequences, including jail time, a permanent criminal record, and damage to your reputation.
The Law Offices of Richard Waller has decades of experience challenging police narratives, protecting clients' rights, and getting resisting arrest charges reduced or dismissed. We know how Illinois prosecutors handle these cases—and we know how to fight back.
Before you speak to police or appear in court, make sure you have an experienced criminal defense attorney by your side.
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