Lake County Defense Attorney | Resisting & Obstructing Arrest

Are you charged with resisting or obstructing a peace officer in Lake County, Illinois criminal court? Unless it's alleged a police officer was injured during the commission of the crime, resisting arrest or obstructing a peace officer is punishable as a class A misdemeanor offense.

The HoffmanLaw Office has nearly 20 years of experience with Lake County resisting arrest and obstructing a peace officer cases. If you work with us, your HoffmanLaw Lake County criminal defense attorney is going to understand the issues in your case. We're ready to put our knowledge and experience to work in your defense.

The criminal offense of resisting a police officer alleges you knowingly resisted the performance of a person you knew to be a police officer of any authorized act within the police officer's official capacity. See, 720 ILCS 5/31-1(a).

The overwhelming majority of resisting a police officer charges specifically allege someone unlawfully resisted their own arrest.

Common ways to be charged with resisting arrest include being accused of any of the following acts:

  • Pulling away from the officer;
  • Pushing the officer;
  • Struggling with the officer;
  • Going limp when the officer tries to handcuff you;
  • Running away from the officer;
  • Refusing to allow the officer to handcuff you; or
  • Refusing to obey the officer's orders to put your hands behind your back.

When can the police arrest you?

Because the question often arises as to whether a police officer's decision to arrest someone was lawful or unlawful, it's worth considering what circumstances allow a police officer to make an arrest in the first place.

A police officer cannot arrest you unless he or she has "probable cause" you committed, are committing, or are about to commit a crime.

What passes for "probable cause" for the police to arrest you?

The courts have held probable cause exists if, at the time of the arrest, the facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person, or one of reasonable caution, to believe, in the circumstances shown, you committed, are committing, or are about to commit an offense.

Even if it turns out after the fact the officer lacked probable cause to arrest you, if a reasonable police officer in the same circumstances could have mistakenly thought probable cause existed, then the officer's arrest of you still would have been lawful.

Conversely, if a reasonable police officer in the same circumstances would have known probable cause did not exist, then your arrest would have been illegal.

In most cases, the crime of resisting arrest is charged in conjunction with other offenses. This is because in situations where a person is charged with resisting arrest, the police already have determined they have probable cause to arrest that person for a separate and pre-existing reason.

It's when a police officer attempts to arrest someone based on probable cause and determines that individual now is resisting that the officer concludes additional probable exists to also charge resisting arrest.

This is why resisting arrest charges most frequently occur as additional "counts" or allegations in multi-count misdemeanor or felony prosecutions.

The offense of obstructing a peace officer is nearly identical to the offense of resisting a peace officer.

However, instead of alleging you resisted, the criminal charge of obstructing alleges you obstructed a peace officer's performance of any authorized act within his or her official capacity. See, 720 ILCS 5/31-1(a).

What's an example of obstructing a peace officer?

An example of the offense of obstructing a peace officer is as follows.

A police officer is engaged in a lawful arrest. A bystander is there at the scene.

The police officer orders that bystander to step back and not to interfere with the arrest. Instead of complying with the officer's request, the bystander intentionally places him or herself between the officer and the person the officer is trying to arrest. The bystander then tells the officer she can't proceed with the arrest.

Because the officer is performing a lawful act within her official capacity, namely, someone else's lawful arrest, the bystander intentionally interfering with that action will be arrested and charged with obstructing a peace officer.

If that bystander then allegedly resists his or her own arrest, he also will be charged with the offense of resisting arrest.

Resisting and obstructing a peace officer are class A misdemeanor offenses. Class A misdemeanors are punishable by a fine of up to $2,500 and by up to 364 days in jail.

Someone convicted of resisting or obstructing a peace officer will be required to spend a minimum of 48 consecutive hours in jail or to complete 100 hours of public service.

Is court supervision available?

A disposition of court supervision is not available for the offenses of resisting or obstructing a peace officer. See, 730 ILCS 5/5-6-1(c). Court supervision is a type of sentence in a criminal case that avoids entry of a conviction against the accused.

Since court supervision is not allowed, a conviction is mandatory for someone found guilty of resisting or obstructing a peace officer.

Is resisting or obstructing ever a felony offense?

If a person injured a peace officer during the commission of the offense, resisting or obstructing a peace officer becomes a class 4 felony. Class 4 felonies are punishable by up to a $25,000 fine and by up to 1-3 years in prison.

If you were arrested and charged with resisting or obstructing a peace officer in Lake County, Illinois, a HoffmanLaw Office criminal defense attorney can work toward building a strong defense in your case. We have nearly 20 years' experience working on misdemeanor and felony criminal cases in the main Lake County criminal courthouse in downtown Waukegan, Illinois.

Additionally, we defend clients facing resisting or obstructing a peace officer charges in the Lake County branch courts in Mundelein, Round Lake Beach and Park City. We have the experience necessary to make a meaningful and positive difference in the defense of your case.


Knowingly Resisting the Performance

By One Known to You to be a Peace Officer

Of any Authorized Act within His or Her Official Capacity

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Analysis.

The HoffmanLaw Office always is focused on the presumption of innocence. Building on this presumption, the HoffmanLaw Office performs a systematic and searching ANALYSIS of the facts alleged in your case. This intensive analysis exposes weakness in the prosecution's evidence and develops powerful defense arguments and strategies.

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Preparation.

The HoffmanLaw Office strives to know completely the facts and law of your case. In criminal court, good results do not often emerge by chance. They come through intense PREPARATION that lays the groundwork for success. When you select the HoffmanLaw Office as your legal advocate, you team yourself with a philosophy of extreme preparation.

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Results.

The HoffmanLaw Office views every time it appears in court with you as an opportunity to achieve RESULTS. Whether it is negotiating during a pretrial conference, cross-examining a witness, or delivering a closing argument at trial, the HoffmanLaw Office strives to be your best advocate at all times.

Facing Lake County Illinois Criminal Resisting or Obstructing Charges?

Defending Serious Resisting and Obstructing Arrest Charges in Lake County Illinois Criminal Court

We are Here to Help

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The HoffmanLaw Office also defends resisting and obstructing charges at the Lake County, Illinois juvenile courthouse in Vernon Hills. Juvenile court prosecutions are governed by penalties, rules and procedures that often differ greatly from those that apply in adult court, including those discussed on this page.

Attorney Matt Hoffman of the HoffmanLaw Office has many years' experience with Lake County juvenile delinquency proceedings and "Petitions for Adjudication of Wardship." He is a former Lake County Assistant State's Attorney who used to prosecute juvenile cases in Lake County juvenile court. If your child is charged with resisting, obstructing or other offenses in Lake County juvenile court, the HoffmanLaw Office has the specific experience necessary to work toward an intelligent and effective resolution of the case.

Matt Hoffman is a former recipient of the Lake County, Illinois Juvenile Justice Award.

Here to Defend You Every Step of the Way

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Bond Court

In Lake County misdemeanor and felony cases, if you are arrested you might be brought before a judge for a bond hearing. At your bond hearing, the judge will consider the charges, the alleged facts, your criminal history, and other factors. Then the judge will set the conditions of your bond. You might be released on your signature or have to post money before you get out of jail. Your bond hearing can be the first time you appear in front of a judge in your case. The HoffmanLaw Office has nearly two decades of Lake County bond court experience in misdemeanor and felony cases. If you have been or are going to be arrested, the HoffmanLaw Office is ready to get to work quickly as your advocate at this early and important step in your case.

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Preliminary Hearing

In a Lake County felony case, you have the right to a preliminary hearing or indictment. At your preliminary hearing, the prosecution will call witnesses to try to prove to a judge that there is probable cause that you committed a felony offense. If the judge finds probable cause, your case will be scheduled for arraignment. If the judge finds no probable cause, your charges will be dismissed. If no preliminary hearing is held, your case can be presented to the Grand Jury for indictment. The HoffmanLaw Office has almost two decades of experience with preliminary hearing and Grand Jury issues in Lake County felony cases. The HoffmanLaw Office knows how to assert your rights during this often technical part of your case.

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Arraignment

In Lake County misdemeanor and felony cases, at your arraignment the judge formally will advise you of the charges you are facing and tell you their maximum possible penalties. The judge will order the prosecution and defense to comply with discovery rules. These rules will require the prosecution to turn over copies of police reports and other written evidence. At your arraignment, you will be asked to enter a plea. Almost all arraignments include a plea of "not-guilty." The HoffmanLaw Office has represented clients in many hundreds of Lake County arraignments. This Office knows how to defend and assert your Constitutional rights at this significant step in the court proceedings.

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Pretrial Conference

A pretrial conference is a court appearance after arraignment in a Lake County misdemeanor or felony case. At a pretrial conference, the prosecution and defense can work toward reaching an agreed resolution of your criminal charges. The HoffmanLaw Office views pretrial conferences, and every other court appearance in your case, as opportunities to advocate on your behalf. There can be multiple pretrial conferences as your case moves forward. During any pretrial conference, the HoffmanLaw Office is focused on the fact that you are presumed innocent. With this presumption always in mind, this Office has many years of experience in negotiating for positive outcomes in Lake County criminal court.

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Motion Practice

The HoffmanLaw Office uses pretrial motions to try to favorably alter the outcome of your criminal case. A carefully written and successfully argued pretrial motion can have a profoundly positive effect on the outcome of your case. This is especially so when, for example, the court rules your confession was involuntary, or rules you were the victim of an unlawful search and seizure, or rules you were inappropriately identified in a police lineup, or even rules your charges are so problematic they must be dismissed. The HoffmanLaw Office works hard to analyze the facts and law of your case in exploring the use of effective pretrial motions.

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Trial

At its core, the HoffmanLaw Office is a trial law firm. It is built on almost two decades of Lake County criminal court trial experience. If your charges do not resolve during the pretrial process, your case will go to trial. As your advocate, the HoffmanLaw Office will bring many years of Lake County criminal court trial experience to your defense. Attacking the prosecution's evidence, questioning the opinions of prosecution experts and police, and aggressively cross-examining prosecution witnesses are proven ways of raising reasonable doubt in the rigorous pursuit of a not-guilty verdict. The HoffmanLaw Office never waivers from its pursuit of your success.

Office Location

25980 North Diamond Lake Road Suite 112

Mundelein Illinois 60060