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Resisting Arrest / Obstructing a Peace Officer

Resisting Arrest/Obstructing a Peace Officer

Allegations of Resisting Arrest (and to a lesser degree Obstructing a Peace Officer) are common charges prosecuted throughout the various circuit courthouses in Illinois including Cook County. These offenses fall under the same statute (720 ILCS 5/31-1) and are Class A misdemeanors, which carry a maximum penalty of up to one year in jail and a $2,500.00 fine plus mandatory assessments. Resisting Arrest and/or Obstructing a Peace Officer are often companion charges to other misdemeanor offenses that have occurred during the same incident. Defense of these charges require an experienced attorney who can effectively navigate through the courthouse where your case is pending. The criminal defense attorneys at The Davis Law Group, P.C., have the experience and knowledge required to handle any allegation of Resisting Arrest or Obstruction that you may be facing in the Chicago area and throughout Illinois.

Because the police normally require complete cooperation during both the investigative and post-arrest stages of their criminal investigation, they will charge a defendant with Resisting Arrest or Obstruction of a Peace Officer if they feel the behavior of the accused rises to an abusive level. This is not an objective determination and often, these allegations can be successfully defended. In other instances, the conduct of the defendant clearly rises to the level of resisting and/or obstructing and our legal team may try to negotiate a reasonable plea disposition. This offense does not allow for a sentence of Court Supervision due to the harsh sentencing provisions outlined under Illinois law. As a result, these matters often require that the attorney seek to reduce the charge to a lesser offense, such as Disorderly Conduct. Court Supervision is a favorable outcome because it results in a non-conviction sentence that will not appear on a public criminal record. If the charge is not amended, Conditional Discharge, Probation, or a County Jail sentence is mandatory.

Our lawyers thoroughly examine the evidence to determine whether or not your case should be taken to trial or challenged at a pre-trial motion hearing. In the event that the evidence is not advantageous for our client, we are experienced negotiators and can often resolve cases favorably through discussions with the prosecuting attorney.

If the evidence is extremely weak against the defendant, the State may re-evaluate their ability to prove this type of charge and, in rare cases, may voluntarily dismiss the case. If the evidence is weak and the State refuses to dismiss, our defense attorneys may proceed to a trial in front of either a judge or jury, and challenge the allegation(s) at a contested hearing.

A conviction on your criminal record can have lasting implications on your personal and professional life. Avoid a conviction on your record is our top priority. The defense attorneys at The Davis Law Group, P.C. have years of experience handling charges of Resisting Arrest/Obstruction of a Peace Officer in Illinois, and are familiar with local courthouse procedures, the Assistant State’s Attorneys, local Clerks of the Circuit Court, and the Judges that preside in the various county courthouses. Contact us if you require legal assistance for this type of allegation or any other criminal defense matter you may be facing throughout the Chicago area including Cook County, Lake County, and DuPage County.

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