Monday, June 1, 2020

WHAT IS RESISTING ARREST UNDER ILLINOIS LAW?

You commit the offense of resisting arrest if you knowingly resist or obstruct someone you know is a peace officer, firefighter, or correctional institution employee in performing any authorized act within their official capacity. See 720 ILCS 5/31-1. Resisting arrest is a Class A Misdemeanor, punishable by up to one year in jail.

To convict you, the state must prove beyond a reasonable doubt that you knew (1) the person obstructed or resisted was a peace officer, firefighter or correctional institution employee, and that (2) you were obstructing or resisting that officer’s authorized act. Further, the officer must be engaged in an authorized act within his or her official capacity.

If you are charged with resisting arrest, contact an experienced criminal law attorney immediately. An attorney can review your situation for your best possible defense. Did you know you were dealing with a peace officer? Did he or she identify themselves in some way? Was the officer acting in their official capacity or were they simply having a drink at the bar?

For example, in People v. Borders, the court reversed a defendant’s conviction because the officer did not tell the defendant that he was under arrest until after they had struggled and defendant was lying handcuffed on the ground. The court reasoned that “One cannot knowingly resist an arrest until one knows that it is occurring.”

Be aware that an officer need not say, “you are under arrest,” as long as he or she communicates the intention to arrest in some way. Further, even if an arrest is not lawful, you may not use force to resist. An unlawful arrest is still considered an authorized act under the law.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

No comments: