Aurora Resisting Arrest Lawyer
About Resisting Arrest – What you should know!
Resisting Arrest or Obstructing a Peace Officer, is a considered a common misdemeanor violation with serious consequences. The public policy behind this statute is to give Police Officers the authority to effectuate an arrest or to conduct an investigation. Any actions that impede an Officer's ability to do either of these will result in criminal charges.
Resisting Arrest is Class A Misdemeanor, for which you cannot receive court supervision. The allegation for this offense, is that you failed to comply with an Officer's command to submit to an arrest, regardless if the arrest was lawful or not. Further, you can also be charged with Resisting Arrest if you "run away" or "fight" with the officer(s).
Illinois law provides for enhanced criminal charges if the police officer suffered injury in effectuating your arrest. Further, if you are convicted of Resisting Arrest, you cannot expunge this offense from your criminal record.
If you are currently employed or are seeking new employment, a conviction for Resisting Arrest may cause you to lose your job or will preclude you from other employment opportunities. Therefore, it is absolutely critical that you hire an experienced Resisting Arrest Defense Attorney who can help you beat your case.
The applicable Illinois Statute is 720 ILCS 5/31-1 which states:
"A person who knowingly resists or obstructs the performance by one known to the person to be a peace officer, firefighter, or correctional institution employee of any authorized act within his official capacity commits a Class A misdemeanor."
Here, the statue does not specify what acts are prohibited, nor does it state exceptions to this law. Police Officers and Prosecutors are given wide discretion in determining whether there is enough probable cause to charge an individual for a violation of this statute. However, only a Judge or Jury can determine whether you have in fact "Obstructed the Performance… of any authorized act".
These are the type of fact specific issues that a criminal defense attorney would analyze in determining the strengths/weaknesses and legal defenses in your particular case.
Penalties for Resisting Arrest in Illinois
The Criminal Charge of Resisting Arrest is a Class A Misdemeanor. The maximum penalties for the charge of Resisting Arrest, is up to one year in County Jail with Fines and Cost of $2,500.00 or both. The minimum penalties for Resisting Arrest is two days in the County Jail or 100 hours of Community Service work. In addition, the Presiding Judge in your case can also sentence you to a period of Probation, Anger Management Counseling, Alcohol Counseling, and Drug Counseling. In some instances, you may also be required to pay restitution for any medical expenses incurred by the alleged victim (Peace Officer). Resisting Arrest, is considered a serious offense, and you cannot receive court supervision if you are found guilty. A conviction for Resisting Arrest can adversely affect you for the rest of your life.
Defenses to Resisting Arrest in Illinois
In order to prepare a defense to Resisting Arrest, an experienced Criminal Defense Attorney will analyze the evidence that the Prosecutor will use to prove their case. There will be certain types of evidence that will determine the strength of the Prosecution's case such as:
- The basis for the "Stop" or "Seizure" of the accused.
- Photographs or video of the location where the alleged Resisting Arrest took place.
- Police Reports of the Investigating Officers who arrived on scene.
- Any written or verbal statements made by the accused.
- Any witness statements from individuals other than the accused.
- The Facts and Circumstances leading up to the alleged resisting arrest.
In some instances, some counties offer a Diversion program, in which you may be required to attend Anger Management Classes and pay all associated costs and fees in exchange for a dismissal of your Resisting Arrest charge. If this type of Diversion program is not available, an experienced Resisting Arrest Defense Attorney may be able to have your charges dismissed or reduced based on a lack of evidence. If trial is the only option, you may be able to file pre-trial motions to quash your arrest and suppress evidence, in your Resisting Arrest case. Finally, the Prosecutor has the ultimate burden of proving your case "Beyond a Reasonable Doubt," and must convince a Judge or a Jury that they have met that burden before you can be found guilty of Resisting Arrest.
Contact an Aurora Resisting Arrest Defense Attorney
Resisting Arrest is a very serious criminal offense, and you should contact an experienced Criminal Defense Attorney immediately. Prosecutors view Resisting Arrest cases as a disregard for law enforcement. Prosecutors are leaders in the law enforcement community, and they work closely with other Police Officers. Further, Prosecutors often seek harsh sentences for Resisting arrest to demonstrate their support for Law Enforcement.
A conviction for Resisting Arrest can also carry with it very serious consequences, and can irreparably damage your reputation and employment opportunities. I can provide you with advice on how to address your pending Resisting Arrest case and can provide you with a plan to protect your freedom and your future. I understand the value of your freedom and the importance of your reputation and I will use my knowledge and experience to secure the best possible results in your case.
To contact a Resisting Arrest Defense Attorney at the Law Offices of David Lee, Please call:
The Law Offices of David Lee is available in Kane, Kendall, Dupage and Dekalb Counties