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Why Resisting Arrest Is a Bad Idea

June 19th, 2019 at 5:19 pm

IL defense lawyer, Illinois criminal attorneyWhether it is for a traffic violation, a possession charge, or an accusation of any other crime, being arrested is a very scary thing. It is natural for the body’s fight or flight response to kick in, and for people to try and resist the arrest. However, this is a very bad idea. Resisting arrest will only lead to additional charges and, if an officer becomes injured, it is charged as a felony. Instead, those charged should comply with the arresting officer and then call a Rolling Meadows criminal defense attorney that can help them beat the charges.

Resisting Arrest in Illinois

In Illinois, resisting arrest is defined as knowingly interfering with, or obstructing an officer’s attempt to make a legal arrest. It is most often charged as a misdemeanor, but this charge still holds serious consequences for those accused. If the offender injures a police officer while resisting arrest though, it is charged as a Class 4 felony. The extent of the injury is not considered, meaning even a minor injury to an officer is enough to result in felony charges.

The statute includes peace officers, firefighters, and correctional institution employees as those that can make an arrest. Many people think that resisting arrest requires a person to flee the scene or engage in a physical fight with the arresting officer. However, due to the vague language in the statute, an officer may charge a person with resisting arrest for simply refusing to put their hands behind their back, on a squad car, or refusing to lay on the ground.

Penalties for Resisting Arrest

When resisting arrest is charged as a Class A misdemeanor, the penalty is a maximum of 48 hours in jail, and between 48 to 100 hours of community service. If convicted, individuals are not eligible for probation in order to reduce the sentence of either jail time or community service. This makes resisting arrest charges difficult to escape.

The charges become much more serious when the officer is injured during the rest. This Class 4 felony charge can result in up to three years in prison and a maximum fine of $25,000.

Even though a misdemeanor charge may not even result in any jail time, it is important to consider the consequences of such a charge. Those convicted will have a prior offense on their criminal record. If they are charged with another crime in the future, the judge may even extend the sentence for that subsequent crime upon conviction.

Resisting arrest is usually one charge of many. Even if the original charge is dropped or the individual is found not guilty, the resisting arrest charge will likely still stand. If a person is convicted, they will face the same penalties even if they beat all other charges. It is for this reason that it is so important to never resist arrest. Although there are defenses available, it is much easier to defend against only one charge instead of two.

Call the Experienced Rolling Meadows Criminal Defense Attorney

When facing arrest, the best thing a person can do is cooperate with the police and let a skilled Rolling Meadows criminal defense lawyer sort out the facts of the case afterwards. If you have been charged with resisting arrest, or any other crime, call the Law Offices of Christopher M. Cosley at 847-394-3200. We will hold officers accountable if they have made an unlawful arrest, or if they used excessive force during the arrest that was later used against you. We know how to defend innocent individuals against many charges, and we want to help you, too. Call us today for your free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K31-1

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