DuPage County Resisting Arrest Defense Lawyers

Attorneys Defending Clients Charged With Resisting a Peace Officer in Lombard and Hinsdale

If you are being arrested by police officers in the State of Illinois, you will only compound your problems if you resist the arrest in any way. There can be serious consequences for resisting a police officer, and you need to mount an effective defense right away. The experienced DuPage County criminal defense attorneys in the law office of Kathryn L. Harry & Associates, P.C. know how to defend against these serious charges that threaten you with heavy fines and jail time.

Circumstances Leading to Resisting Arrest

Resisting a police officer or other law enforcement official, such as a correctional officer, may be charged if you refuse to be taken into custody quickly and peacefully pursuant to an arrest. Some of the circumstances leading to resisting arrest charges include:

• Physically trying to pull away from the arresting officer
• Using abusive and threatening language with the officer
• Fleeing or escaping from a police officer
• Acting in an uncontrolled manner and making loud and disturbing protestations during the arrest
• Interfering with the police radio transmission

There are mandatory minimum sentencing provisions for people convicted of resisting police. Furthermore, supervision may not be available as a sentencing option and jail time is a real possibility. A simple resisting arrest charge is a misdemeanor Class A offense and carries a penalty of two days in jail and a minimum of 100 hours of community service, in addition to sentences for the original charges in the arrest. Depending on the circumstances, however, you may be subject to a Class 4 felony and sentenced much more harshly for more serious offenses associated with resisting arrest, including:

• Using threats, force or violence to resist arrest
• Taking the officer's weapon while resisting arrest
• Injuring a peace officer during an arrest resulting in death or serious bodily injury
• Injuring a firefighter or EMT
• Fleeing a police officer and engaging in reckless driving to flee a police officer

Obstruction of Justice Often Charged with Resisting Arrest

In Illinois, the offense of resisting a police officer is often charged with obstructing an officer; both fall under the same statutes. Resisting or obstructing a police officer, depending on the circumstances, can constitute either a misdemeanor or a felony. Obstructing an officer may be charged as a felony when it is alleged that the defendant obstructed justice. You may be subject to obstruction of a police officer charges if you:

• Give a false name
• Give intentionally misleading information
• Interfere in the arrest of another person
• Refuse to leave the area after being given notice to vacate

Unfortunately, there is a great deal of discretion on the part of the arresting officer for what he or she feels constitutes resisting arrest behavior. When a person resists arrest, tempers tend to run high, and abuses often occur. Officers may overstate or aggravate the situation, and you will have little recourse on site.

Call a DuPage County Resisting Arrest Defense Lawyer

In cases involving charges of resisting a peace officer, an experienced criminal defense attorney is vital to securing a fair disposition of your case. The law office of Kathryn L. Harry & Associates, P.C. is always on your side and ready to provide you with the defense you need. If you are charged with resisting a police officer or any other criminal charge, contact an Oak Brook IL criminal defense attorney at 630-472-9700 for a free initial consultation. We serve clients in Lombard, Elmhurst, Wheaton, Downers Grove, Hinsdale, Westmont, Clarendon Hills, and throughout DuPage County.