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Archive for the ‘resisting arrest’ tag

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

Consequences of Resisting Arrest

September 6th, 2018 at 9:10 am

felony charges, Illinois criminal charges, misdemeanor charges, resisting arrest, Rolling Meadows defense attorneyNo one expects, or wants, to be arrested on any given day. There are many stories in the news these days about people resisting arrest and are injured in the process. Even though getting arrested is an inconvenience, it is important to not resist a police officer making an arrest. Resisting arrest in Illinois can result in additional criminal charges.

Resisting Arrest in Illinois

Under Illinois statute, the official title for resisting arrest is “Resisting or Obstructing a Peace Officer, Firefighter, or Correctional Institution Employee.” This title brings about a broad category of people to whom the statute applies. Police officers, peace officers, firefighters, and correctional officers are all considered protected workers under the statute.

Additionally, it is not just resisting an actual arrest that can result in a charge under the statute. In addition to resisting arrest, other acts can result in a charge and include:

  • Hitting a protected worker during the arrest;
  • Not consenting to being arrested;
  • Being hesitant to respond to the arrest or moving too slowly or reluctantly;
  • Acting in a way that results in an officer having to drag you or carry you during the arrest;
  • Running away from an officer while being arrested; and
  • Pulling away from an officer while being arrested.

The statute does not just cover situations where a person “resists” arrest in some way or another. One can also be charged if he or she obstructs the protected worker while doing his or her duties.

Examples of ways one can obstruct a protected worker who is doing his or her job include:

  • Not leaving the scene of a crime after being instructed to do so;
  • Causing an interference in a police investigation;
  • Preventing a protected worker from doing his or her job, like preventing a firefighter from being able to put out a fire;
  • Relaying false information to the police; and
  • Using fake identification when talking to the police.

The charge of resisting arrests can result in a misdemeanor charge. A conviction carries a penalty of at least spending 48 hours in jail or completing 100 hours of community service. There is also the possibility of fines. Resisting arrest can result in a felony charge if an injury is caused to the protected worker while resisting or obstructing.

Contact Us Today for Help

While resisting arrest might not seem like a big issue, it is and should be taken seriously. Criminal charges are serious and should be treated as such. Dedicated Rolling Meadows criminal defense attorney Christopher M. Cosley is here to defend you no matter how seemingly small the charge. Do not let charges accumulate on your criminal record. Contact us today to get your defense started.

Source:

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

Resisting or Obstructing a Police Officer

January 9th, 2015 at 9:32 am

Illinois defense attorney, violent crime, Illinois criminal lawyer, Illinios criminal justice statuteAs many across our nation continue to protest against abuses of power by police officers, unfortunately some people are winding up arrested. All too often these sorts of arrests are for things like obstructing or resisting arrest. This is why it is so important for politically active citizens to understand their rights and know exactly what does and does not count as obstruction, so they can do everything they can to avoid criminal charges.

What is Resisting or Obstructing a Peace Officer?

Crimes in Illinois are defined by statute. Under Illinois law a person “who knowingly resists or obstructs the performance by one known to the person to be a peace officer….of any authorized act within his or her official capacity commits a Class A misdemeanor.” This definition is a little bit circular, though, so we have to look at how the courts have defined the crime in practice. The Illinois Supreme Court said in a case called People b. Raby that:

Resisting or resistance means withstanding the force or effect of or the exertion of oneself to counteract or defeat. Obstruct means to be or come in the way of….These terms do not proscribe mere argument with a policeman about the validity of an arrest or other police action, but proscribe only some physical act which imposes an obstacle which may impede, hinder, interrupt, prevent or delay the performance of the officer’s duties, such as going limp, forcefully resisting arrest or physically aiding a third party to avoid arrest.

So What About Refusing to Comply with a Police Officer’s Orders?

A new decision was recently released by the Court of Appeals that has to do with whether it counts as obstruction to merely refuse to comply with a police officer’s orders. In this case a woman went to pick up her son from school. In the process, she briefly stopped her car in a traffic lane. As a result, a cop pulled her over. The cop claims the woman argued with the cop. The cop decided to write the woman a ticket, and he went to his car to call for back up. The woman allegedly started to pull away slowly, but the cop told her to stop and she did. The cop told the woman to give him her license and insurance information and she told him no. Then she drove away. The cop caught up with her and pulled her over again. He told her she was under arrest and that she had to exit her vehicle. The cop claims the mother told him, “I don’t have to do (explicative).” The cop told her to get out of the car again and she would not. The cops then forcibly removed her from the car.

Obviously the driving away from the initial pull-over was a problem. But the obstruction charge in this case had to do specifically with the woman’s refusal to get out of her car. The Court decided in this case that just refusing to get out of the car was enough to convict the woman of obstructing a police officer. In doing so, it said that considerations of officer safety were paramount in the case. A jury could conclude that the defendant refused the cop’s repeated orders to exit the vehicle and that as a result the cop had to put himself in danger, which is enough for the conduct to be considered obstruction.

Criminal Defense Attorney

If you are accused of resisting or obstructing a police officer you will need the help of an experienced criminal defense lawyer. You should contact the experienced Rolling Meadows criminal defense attorneys at the Law Offices of Christopher M. Cosley and schedule a consultation.

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