Orland Park Resisting Arrest Attorney

Tinley Park Criminal Defense Lawyer for Charges of Resisting or Disarming a Peace Officer

Peace (police) officers, firefighters and correctional institution employees are treated the same with regard to the obstructing or resisting offense in Illinois. While Resisting or Obstructing a Peace Officer, Firefighter or Correctional Institution Employee is often an additional charge when an individual is arrested, Resisting or Obstructing can be a single, stand-alone charge.

In order for an individual to be convicted of the offense, the state must prove that the individual 1) knowingly, 2) resisted or obstructed the performance of a peace officer, correctional institution employee, or firefighter, 3) that the individual knew that the individual was in fact a peace officer, correctional institution employee or firefighter and 4) the peace officer, correctional institution employee or firefighter was executing an authorized act within his official capacity.

If a plain-clothed officer attempted to arrest an individual for a crime without first announcing his office or exhibiting other indicia of being a police officer, and the individual "resisted" the arrest, the individual would most likely not be found guilty of Resisting or Obstructing a Peace Officer. This is because the individual, or any other reasonable person in his or her shoes, would not have known that the person effectuating the arrest was indeed a law enforcement officer.

In respect to firefighters, the law explicitly creates an affirmative defense if a person resists or obstructs the performance of a firefighter by returning to or remaining in a structure to rescue or to attempt to rescue any person. This defense, however, only applies to attempts of rescuing people, not property or pets.

The Sentence

• Up to 364 days in jail
• Fine of up to $2,500

• 1 to 3 years in prison
• Fine of up to $25,000

Probation Possible? Yes

Supervision Possible? Yes on misdemeanor charge.

Disarming a Peace Officer or Correctional Institution Employee

The Disarming of a Peace Officer or Correctional Institution Employee not only prohibits the actual, physical removal of weapons from the body of a peace officer or correctional employee, but also prohibits the removal of their weapons even when not on their person. For instance, if a police officer removed his utility belt and placed it on a counter next to him, and an individual removes the officer's weapon from the belt, that individual can still be charged with, and convicted of, Disarming a Peace Officer or Correctional Institution Employee. The law requires, however, that the peace officer or correctional institution employee be acting in the scope of his or her official duties.

The Sentence

• 4 to 15 years in state prison
• Fine of up to $25,000

Contact Our Will County Resisting Law Enforcement Lawyer

Our firm can help you determine your options for defending against charges of resisting arrest or obstructing police officers or firefighters. Contact us and schedule a consultation by calling 708-966-2408.