Resisting Arrest

Experienced Criminal Attorneys For DuPage County, Kane County and Cook County

Charges based on the ground of resisting arrest are unlike any other in Illinois. When it comes down to it, it often turns into your word against the police officer's and a court is often much more inclined to trust the officer's account. The nature of such an offense can be complicated, heightening your need for a DuPage County criminal defense attorney.

Our firm has had an active role in over 10,000 cases and would be honored to defend your innocence.

How does the state classify resisting arrest?

Any act of affirmative violence against law enforcement during an arrest is considered resisting arrest. However, the criteria can encompasses much more than that.

An individual might face charges if they:

  • Refuse to put their hands behind their back
  • Flee from the arresting officer
  • Aggressively pull away in the midst of the arrest
  • Make any movements or actions against officer's orders

As evidenced by the above criteria, an act of resisting arrest must be physical. Any verbal act is not grounds for being charged with this offense. It is also important to note that this offense is still illegal even if they arrest being made is unlawful.

If convicted, you could be charged with a Class A misdemeanor or a Class C felony. The latter conviction can require up to one year in jail and up to $2,500 in fines. For a felony conviction, you may face up to three years in jail and fines of up to $25,000.

Resisting arrest charges are unique in that there is no alternative sentencing offered. This means that if you are found guilty, the minimum sentence is a conviction, your record is permanent, and expungement is not an option. There is nothing more important than finding an attorney who will fight to secure the outcome you need.

Martin & Kent, L.L.C. is comprised of talented criminal defense attorneys who may be able to do just that. Contact our office today to find out more!