If you have been charged with resisting arrest in Chicago, you are likely facing serious charges, and you should immediately seek out the services of a defense attorney. Under Illinois state law, resisting arrest is a Class A misdemeanor and there is no supervision sentence available. That means that, if convicted, the charge is permanently on your record, and you will be sentenced to a fine and/or time in jail. The minimum punishment is 48 hours in jail and at least 100 hours of community service. Those convicted with the most serious charges can face up to a year in jail and a fine of $2,500. Of course, this is just for the charge of resisting arrest. If you were being arrested, chances are you were charged with something else, as well. This is all the more reason to make sure you get an experienced and hard-hitting Chicago defense lawyer working on your behalf.
There are multiple situations that can be defined as resisting arrest in Chicago. The most obvious charge is made if you attempt to run away from police, uses physical force to resist, or are violent towards law enforcement officers. However, you do not actually have to harm police to be charged with resisting arrest; even the threat of violence is enough to bring a charge against you. Presenting a false ID or claiming to be someone else is another form of resistance. You can also be charged with resisting arrest if you try to help someone else avoid incarceration. If you have been charged, however, it is also important to understand what is not defined as resisting arrest. Being slow to obey an officer’s orders is not resistance; neither is swearing at an officer or questioning his authority or reasons for arrest, as long as you eventually obey.
A good lawyer will have several defenses against the charge of resisting arrest in Chicago. The first is if the police officer was making an unlawful arrest in the first place; for example, if he or she was unlawfully searching your home. A second defense is that you were acting in self-defense; if the officer was using excessive force when making the arrest, it was no longer a legal arrest, and you were within your rights to protect yourself. If a police officer did not identify themselves as an officer, you have another good defense against resisting arrest charges. Finally, a good attorney can also argue that the charges of resisting arrest are unfounded. For example, if you cursed at the officer, used sarcasm, or were slow to comply, he or she might retaliate with charges of resisting arrest. Your Chicago criminal defense attorney will fight to prove that you were simply exercising your right of free speech and did nothing to warrant the accusation.
Though resisting arrest is a serious charge, it is also one that can be relatively easy to defend. Finding a good Chicago defense lawyer who will advocate for you is the first and most important step towards keeping this charge from your records.
Resisting Arrest Chicago - If you have been charged with resisting arrest in Chicago, Andrew M. Weisberg is a Chicago criminal defense attorney who is well known for tough, aggressive defense. A former felony prosecutor, Attorney Weisberg has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations. To contact Mr. Weisberg, visit http://www.chicagocriminallawyer.com/ or call his cell phone 24/7 at (773) 908-9811 or Text LAWYER to 25827 for prompt call back. The consultation is free.
Fighting Police or Fighting for Your Rights