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CHICAGO RESISTING ARREST CRIMINAL DEFENSE ATTORNEY
MAKSIM TIKHVINSKIY IS CHICAGO RESISTING ARREST CRIMINAL DEFENSE ATTORNEY
Chicago Resisting Arrest Criminal Defense Attorney explains the law of Illinois concerning resisting arrest.
In the first place, resisting or obstructing a peace officer is a very common charge in Illinois. Thus, every year, police arrest thousands of people for resisting arrest in Chicago and all over Illinois. In this article, Chicago Resisting Arrest Criminal Defense Attorney explains the law of Illinois concerning resisting arrest. Additionally, Chicago Resisting Arrest Criminal Defense Attorney summarizes what to expect if the State charges you with the offense of resisting.
Resisting is Different from Obstructing.
Under 720 ILCS 5/31-1, it is a crime for a person to knowingly resist or obstruct the performance by a peace officer, firefighter, or correctional institution employee of any authorized act within his or her official capacity. Certainty, the law broadly defines what resisting or obstructing is. Moreover, the law differentiates between resisting and obstructing. As a rule of thumb, the State charges people with resisting when a person does some kind of physical act to avoid an arrest. By contrast, usually, prosecutors charge people with obstructing when they try to talk to a cop when he or she is arresting somebody else. Moreover, disobeying a police officer’s command is usually obstructing as well.
Examples of Resisting a Peace Officer.
Usually, police officers arrest people for this offense when they placing them under arrest for some other type of illegal behavior. Illinois law requires all people to obey an arresting officer’s commands without a question. Therefore, if a person intentionally makes even a slightest physical movement and attempts to hinder the arresting officer, the state can charge with person with resisting a peace officer. For example, it often happens when a suspected drunk driver prevents the officer from putting his or her hands behind the back. Next, if a person runs away from a peace officer could be guilty of resisting. Moreover, shifting your weight to prevent a police officer from controlling you also support the resisting charge. Of course, if a person trying to grab a police officer’s weapon, this person is also guilty of resisting. However, there are a lot of other forms of resisting arrest.
Examples of Obstructing a Peace Officer.
First, if a person does not obey an officer’s command, that officer commits the offense of obstructing a peace officer. To illustrate, a cop tells you to put your hands on the car and you place them behind your back. Next, refusing to sit on the curb or refusing to lay on the ground are good examples of obstructing a peace officer. Finally, there are a lot of other forms of obstructing a peace officer as well.
Penalties for Resisting or Obstructing Explained by Chicago Resisting Arrest Criminal Defense Attorney.
In Illinois, resisting or obstructing a peace officer is a Class A Misdemeanor. Therefore, a conviction for resisting arrest could result in up to one year in jail and a hefty fine. Moreover, Illinois law has minimum sentencing requirements that mandatory apply to people who are guilty to resisting a peace officer. To illustrate, the court will sentence a person guilty of resisting a peace officer to a minimum of 100 hours of community service or 48 hours in county jail.
Defenses Available Explained Chicago Resisting Arrest Criminal Defense Attorney.
Uniquely, in Illinois, a person cannot resist even an illegal arrest. Moreover, often, you cannot resist if a peace officer is entering your building without a warrant. Thus, comply and file a law suit later rule applies. At the same time, there are other defenses available to the charge of resisting or obstructing a peace officer. First, is a police officer used excessive force, a person can use the defense of self-defense. Next, if a person cannot definitely understand that there is a police officer in front of him and that officer did not identify him or her, Chicago Resisting Arrest Criminal Defense Attorney can use it to fight the charge.
If the State Charged You or Your Loved One With resisting or obstructing a peace officer Call Chicago Criminal Defense Lawyer Tikhvinskiy.
If the state charged you with resisting or obstructing a peace officer, call experienced Chicago Criminal Defense Lawyer Tikhvinskiy. First, he will provide aggressive and strategic representation that you or your loved one need. Second, Chicago Criminal Defense Attorney Maksim Tikhvinskiy will thoroughly investigate your case to find weaknesses in the state’s case. As a result, he will build a strong and tough legal. Please, be sure and confident that if you hire Chicago Criminal Defense Attorney Tikhvinskiy, you will receive outstanding legal representation and the State will hear your story. Call Chicago Criminal Defense Attorney Maksim Tikhvinskiy for a free consultation (312) 583-7345!