20+ Years of Experience
Chicago Resisting Arrest Attorney
Have you been charged with resisting arrest in Chicago? A conviction can have devastating consequences for you and your family, so do not hesitate to contact the Kostopoulos Law Group for help. We know that your future is on the line and will do everything in our power to get the best possible outcome in your criminal case. We will thoroughly investigate your alleged crime, determine where the prosecution’s case is weak, and fight to get the charges against you reduced or dismissed. Speak with Chicago criminal lawyer Gus Kostopoulos to set up a free consultation today. He’s a former prosecutor with over 18 years experience.
20+ Years of Experience
Experienced Former Prosecutor
Top Rated in Criminal Defense
What is Resisting Arrest?
Resisting arrest is a broadly-defined crime in Chicago. The offense covers seemingly minor behavior, such as making obscene gestures or saying rude remarks, to more serious acts like physically refusing to comply with a police officer’s orders. Resisting arrest, as defined in 720 ILCS 5/31-1, occurs when you:
- Knowingly resist or obstruct;
- A peace officer, firefighter, or correctional institution employee;
- From engaging in actions in his/her official capacity.
Peace Officer, Firefighter, or Correctional Officer
The crime of “resisting arrest” actually applies to more than just your interactions with police. If you resist or prevent a firefighter or correctional officer from doing their job while acting in an official capacity can also result in criminal charges for resisting arrest. However, that peace officer, firefighter, or correctional officer must have been acting in an official capacity at the time of the resisting behavior.
Knowledge
You can only be convicted for resisting arrest if you knowingly resisted someone who you knew to be a peace officer, firefighter, or correctional officer. You have the right to question a law enforcement officer’s authority by requesting to see evidence of his/her position. However, once you learn that a person is a police officer, firefighter, or correctional officer you are legally required to follow their instructions and to let them do their job.
Examples of Resisting Arrest
Examples of behavior that may result in criminal charges for resisting arrest in Chicago include:
- Making a rude and obscene gesture at a police officer;
- Running from police;
- Threatening a correctional officer;
- Providing false identification to a police officer;
- Struggling with a police officer during an arrest;
- Helping another person avoid arrest; and
- Driving down the road and preventing a firetruck from passing to get to a nearby burning home.
Penalties for Resisting Arrest
Resisting arrest can be a misdemeanor or a felony offense in Chicago. The specific charge and penalties you face will depend on the seriousness of your offense and your record of criminal behavior.
Resisting arrest will be a Class A Misdemeanor when no aggravating factors are present. If you are convicted of misdemeanor resisting arrest you will face a maximum penalty of 12 months in a DuPage County jail and $2,500 in fines.
Resisting arrest will be a Class 4 Felony when your behavior causes a police officer, firefighter, or correctional officer to suffer an injury. If you are convicted of felony resisting arrest you will face a maximum penalty of 1-3 years in an Illinois state prison and $25,000 in fines.
In addition to the penalties described above, a court also has the discretion to impose additional penalties, including mandatory imprisonment for 48 hours and/or 100 hours of community service.
“Got my felony completely dismissed!”
My family’s lawyer told me that you are top trial lawyers. You won my felony hearing and got my felony completely dismissed! Thank you
– Michael L
“I was facing multiple charges of Domestic Battery”
I was facing multiple charges of Domestic Battery , had 3 warrants issued for my arrest and had these stupid charges weighing on me for 6 years, not wanting to face the music. I finally got picked up and with 6 small children at home, there was NO WAY I could afford to have jailtime. Joe listened and asked crucial questions and from the start he told me he would get it dismissed. I was skeptical to say the least. I paid him in 2 payments (he is super flexible) and then waited after the holidays for final court date. Completely dismissed. He will not give you false hope. He is honest, real and the ONLY person I want in my corner. HE IS WORTH EVERY PENNY! Don’t have someone else give you the runaround as most attorneys do. Save yourself the BS and GO WITH JOE !!!
– Christina S. | March 2019
“I could not be more pleasedand thankful.”
Please read this before you look for another lawyer!! First off, I want to say I am writing this review not because someone asked but because I am so beyond grateful and impressed to have had this group defending me in the court of law. I have never had such exceptional customer service and treated as if I were a high-end long time client. They made me feel like my case was just as important to them as the next. Their articulate steps were given to me in the very beginning to go over what was to be expected and what their goal was. Their rather diligent and speedy efforts to resolve my case couldn’t have been dealt with any better as my case could have gone south real quick. I trusted this group to take full control, let them do their work and they delivered with an outcome I was not expecting. I could not be more pleased and thankful as well as appreciated their flexibility with my payments (that was more than affordable for the hard work they did) as I was in a tight bind at the time. Thank you Joe, Rosemary and everyone else in between who have helped along the way! Your efforts were not unrecognized and I wish your group the best in the future to come! Lets just hope I don’t have to go through this again. If so I’m calling you back!!
– Mareena G. | January 2020
“He was able to dismiss my case and expunge this legal problem off my record.”
I came into some trouble with the law and being my first ever having to hire a lawyer was difficult. When a good friend of mine told me about Joe at Kostopoulos Law Group I had a good feeling about him. Around the time I came into some trouble with the law I was in the process of enlisting for the United States Marines. This court case was stopping me from going any further with my plans of enlisting. I brought the case to Joe and let him know my situation. He was able to dismiss my case and expunge this legal problem off my record. Joe cleared it all up for me and I had little to no worries. I HIGHLY recommended Joe from Kostopoulos Law Group. He will put your mind to ease and take care of your legal trouble. Joe is a very down to earth guy, respectful man, and super friendly. Thank you Joe for taking care of my case I really appreciate it.
– Jonathan G. | November 2019
“Gus, Joe and Rosemary helped in getting my case dismissed.”
Words cannot describe how grateful I am to Joe and Gus. It is very hard to find a dedicated sincere attorney like Joe. Even if anyone calls their number in the middle of the night, Joe will be there to answer and hear your case for sure. Just like that, few months ago, I got into a very unfortunate circumstance. My wife was worried sick didn’t know what to do, called the Kostopoulos Law firm in the middle of the night, since then, Joe is been supporting me till the case got completely dismissed. Gus, Joe and Rosemary helped in getting my case dismissed. Words are enough to express my gratitude and appreciation for their sincere dedication and hard work. They went above and beyond to make sure I understood what was happening and what needed to be done to get the case completely dismissed and expunged. To say my experience with the Kostopoulos Law group was pleasant would be the biggest understatement. I am forever thankful to them both. If you happen to find yourself if legal troubles I highly recommend the Kostopoulos Law Group.Thank you Gus, Joe and Rosemary!!
– Imran Q. | May 2019
Defending Charges of Resisting Arrest in Chicago
If you are facing criminal charges in Chicago you have the right to defend yourself. This means that you can assert any legal argument that will help to cast doubt on your guilt. In most cases, these arguments will explain, excuse, or justify your alleged behavior. When a legal defense is persuasive the state’s attorney will have a difficult time building a solid case against you. Your attorney will use this to secure a reduction or dismissal of the charges in your case. Defenses that may be helpful in your Chicago resisting arrest case include:
- You have been falsely accused.
- The arrest was unlawful;
- You did not know that the other person was a police officer, firefighter, or correctional officer;
- You were acting in self-defense; or
Experienced Chicago Resisting Arrest Defense Attorney
Resisting arrest is a serious crime. If you have been accused of resisting arrest it is important to fight back against any criminal charges. Hiring an attorney to defend you will increase your chances of securing a positive outcome in your criminal case. Contact the Kostopoulos Law Group today to find out how we can help you minimize the consequences of your arrest. We offer a free consultation, so do not hesitate to call us today.
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