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720 ILCS 5/31-1

Resisting or Obstructing a Peace Officer

 

  • Class A misdemeanor
  • Up to 364 days in jail
  • Permanent conviction on your record
  • Class 4 Felony with prison time in certain cases
  • Fine up to $25,000
  • Call for more details

 

Understanding Resisting or Obstructing a Peace Officer in Illinois

Resisting or obstructing a peace officer is a criminal offense in Illinois that occurs when an individual knowingly interferes with a law enforcement officer’s duties. This can include actions that physically prevent an officer from performing their job or that obstruct an investigation. A conviction for resisting or obstructing a peace officer can lead to significant legal consequences, including jail time, fines, and a permanent criminal record.

 

What Constitutes Resisting or Obstructing a Peace Officer in Illinois?

Under Illinois law, resisting or obstructing a peace officer is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 5/31-1. The offense occurs when an individual knowingly:

  • Resists a Lawful Arrest: Uses physical force or other means to resist or attempt to prevent a law enforcement officer from making a lawful arrest.
  • Obstructs a Peace Officer: Hinders or obstructs an officer in the performance of their official duties, such as by providing false information, interfering with an investigation, or preventing an officer from carrying out a lawful action.

Examples of Resisting or Obstructing a Peace Officer Under Illinois Law

Here are specific examples of what could constitute resisting or obstructing a peace officer under Illinois law:

  • Physically Struggling During an Arrest
    • Statute: 720 ILCS 5/31-1(a)
    • Description: An individual physically resists arrest by pulling away from an officer or engaging in a struggle, making it difficult for the officer to complete the arrest.
  • Interfering with a Police Investigation
    • Statute: 720 ILCS 5/31-1(a)
    • Description: A person deliberately provides false information to law enforcement during an investigation or attempts to prevent an officer from questioning a witness.

Penalties for Resisting or Obstructing a Peace Officer in Illinois

The penalties for resisting or obstructing a peace officer in Illinois can vary based on the severity of the actions involved. Potential penalties include:

  • Class A Misdemeanor:
    • Up to 1 year in jail
    • Fines of up to $2,500
  • Class 4 Felony (if the resistance or obstruction results in injury to a peace officer):
    • 1 to 3 years in prison
    • Fines of up to $25,000

In addition to these legal penalties, a conviction for resisting or obstructing a peace officer can result in a permanent criminal record, impacting future employment, housing, and other opportunities.

 

Why Choosing Andrew M. Weisberg is Essential for Your Defense

Facing charges of resisting or obstructing a peace officer is a serious matter that requires an experienced defense attorney. Here’s why Andrew M. Weisberg is the defense attorney you need:

  • Extensive Knowledge of Illinois Law: Andrew M. Weisberg has a deep understanding of Illinois laws related to resisting and obstructing peace officers. His background as a former Cook County prosecutor provides him with valuable insights into how these cases are prosecuted, allowing him to develop effective defense strategies.
  • Strategic and Personalized Defense: Mr. Weisberg thoroughly investigates the details of your case to identify any weaknesses in the prosecution’s evidence. He tailors his defense strategy to your specific situation, aiming for the best possible outcome.
  • Aggressive Courtroom Advocacy: Known for his assertive courtroom presence, Mr. Weisberg is committed to fighting for your rights, whether through negotiating a favorable plea or challenging the evidence at trial.
  • Compassionate and Confidential Client Support: Facing criminal charges can be overwhelming, but Mr. Weisberg provides not only expert legal representation but also compassionate and confidential support throughout the legal process. He ensures that you are fully informed and supported every step of the way.

Contact Andrew M. Weisberg for a free consultation to discuss your resisting or obstructing a peace officer case and learn how he can help protect your rights and fight for the best possible outcome.