How Can I Defend Against Resisting Arrest Charges in Illinois?

 Posted on March 21, 2025 in Criminal Law

Resisting arrest is a serious charge in Illinois, with the potential for significant consequences. If you are accused of resisting arrest, you need to understand the possible legal defenses you could use. Defendants can challenge these criminal charges in various ways, depending on the circumstances surrounding their arrest. If you are in this situation, speak with a qualified Illinois criminal defense lawyer as soon as possible so we can begin working on the best defense strategies for your case.

Lack of Intent

One of the most common defenses in resisting arrest cases is that the defendant had not intended to resist arrest. Under Illinois law, you need to intentionally obstruct or resist a peace officer who is lawfully executing their duties to be charged. This means that if you had not meant to resist or obstruct the officer, your lack of intent could give you a valid defense.

Maybe you were startled or confused during an encounter with the police. This is a natural response for many people, but it does not mean you intended to resist. A defendant who acts impulsively or reflexively, without the intent to disobey the officer’s commands, might avoid a conviction if the defense can show that the actions were not purposeful.

Self-Defense

Another possible defense to resisting arrest charges is that the defendant was acting in self-defense. In certain situations, a civilian can fear for their safety during an interaction with the police. If a police officer used excessive force or threatened harm during an arrest, a defendant might claim that their actions were a natural response to protect themselves.

This defense can be harder to prove because Illinois law expects individuals to comply with police instructions, even if they believe they are being treated unfairly. However, if there is evidence that the officer’s actions were unreasonable or violent, it can strengthen a self-defense argument.

Unlawful Arrest

If the arrest itself was unlawful, this could also be a valid defense against resisting arrest charges. In Illinois, you cannot be charged with resisting arrest if the officer making the arrest was acting outside the scope of their authority. This could apply if the officer did not have probable cause or if they lacked a valid warrant to arrest you.

In these cases, the defense would focus on proving that the arrest was made without legal grounds. If you can demonstrate that the officer had no right to detain or arrest you, there could be grounds to argue that you were within your rights to resist. This is a particularly important defense if the arrest appears to have been based on a mistake, overreach, or misconduct.

How Can I Build a Strong Defense against Resisting Arrest Charges?

If you believe you were wrongfully charged with resisting arrest, there are several steps you can take to build a strong defense. First, you need to gather any evidence that can support your version of events. This could include:

• Surveillance or body camera footage that captures the interaction

• Witness testimony from people who were present during the arrest

• Medical records, if you were injured or treated for injuries as a result of the arrest

• Police records or reports that may show inconsistencies or procedural mistakes

In addition to strong evidence, consulting with a skilled criminal defense attorney is essential. A lawyer can review the details of your case, assess the evidence, and develop a strategy that protects your rights. He can also advise you on whether to plead not guilty or negotiate for a reduced charge or alternative sentencing options.

Schedule a Free Consultation with a Wheaton, IL Resisting Arrest Defense Lawyer

If you are facing charges of resisting arrest, you need to speak with a skilled DuPage County, IL criminal defense attorney as soon as possible. At Davi Law Group, LLC, we are dedicated to protecting your rights and our lawyer will review the details of your case to create a defense strategy tailored to your situation. Call 630-580-6373 to schedule a free consultation.