Resisting arrest is a serious charge in Des Plaines, Illinois, that can have significant legal consequences. Understanding the nature of this charge, the applicable statutes, and the potential defenses is crucial for anyone facing such accusations. As an experienced criminal law attorney, I will now provide a comprehensive overview of resisting arrest charges, the legal process, and strategies for mounting a successful defense.
Understanding Resisting Arrest Charges
In Illinois, resisting arrest is defined under 720 ILCS 5/31-1. This statute states that a person commits resisting arrest when they knowingly resist or obstruct a peace officer, firefighter, or correctional institution employee in the performance of their duties. The law is broad and can encompass various actions, from physically struggling with an officer to providing false information or interfering with an arrest.
Resisting arrest is typically classified as a Class A misdemeanor, which carries penalties including up to one year in jail and fines of up to $2,500. However, if the act of resistance causes injury to the officer or another person, the charge can be elevated to a felony, with more severe penalties including longer prison sentences and higher fines.
The Legal Process
The legal process for resisting arrest charges begins with the arrest and booking of the accused. During this time, it is crucial to exercise your right to remain silent and request an attorney. The next step is the arraignment, where the charges are formally presented, and the defendant enters a plea.
Following the arraignment, the discovery phase begins. During discovery, both the defense and the prosecution exchange evidence and information related to the case. This can include police reports, witness statements, body camera footage, and other relevant documents. The defense attorney will carefully review this evidence to identify inconsistencies, procedural errors, and potential defenses.
Potential Defenses to Resisting Arrest
There are several potential defenses to resisting arrest charges, each tailored to the specific circumstances of the case. A skilled defense attorney will evaluate the evidence and determine the most effective defense strategy. Common defenses include:
Lack of Intent: To be convicted of resisting arrest, the prosecution must prove that the defendant knowingly resisted or obstructed the officer. If the defense can show that the defendant did not have the intent to resist or was unaware that the person they were interacting with was an officer, this can be a strong defense.
Self-Defense: In some cases, a person may resist arrest in self-defense if they believe they are being unlawfully attacked or that their safety is at risk. This defense is particularly relevant if the officer used excessive force during the arrest.
Unlawful Arrest: If the arrest itself was unlawful, the charge of resisting arrest may not stand. An arrest can be deemed unlawful if the officer did not have probable cause to make the arrest or if they violated the defendant’s constitutional rights during the process.
Mistaken Identity: If the defendant was mistakenly identified as the person who resisted arrest, this can be a viable defense. This may involve presenting evidence such as alibi witnesses or surveillance footage to prove that the defendant was not involved in the incident.
Procedural Errors: Police officers must follow specific procedures during an arrest. If these procedures are not followed correctly, the defense can challenge the validity of the arrest and the subsequent charges.
The Importance of Legal Representation
Defending against resisting arrest charges requires a thorough understanding of the law and the ability to navigate the complexities of the legal system. An experienced criminal defense attorney in Des Plaines can provide invaluable assistance in building a strong defense, negotiating with prosecutors, and representing the defendant in court.
A defense attorney will review all available evidence, interview witnesses, and work to uncover any procedural errors or violations of the defendant’s rights. Additionally, the attorney can negotiate with the prosecution to reduce the charges or secure alternative sentencing options, such as probation or community service.
Questions to Ask a Potential Defense Attorney
When facing resisting arrest charges, it is essential to choose the right attorney to represent you. During an initial consultation, consider asking the following questions to gauge the attorney’s experience and approach:
- What is your experience with resisting arrest cases?
- What strategies do you recommend for my defense?
- How do you handle negotiations with prosecutors?
- What potential outcomes can I expect for my case?
- How do you communicate with clients throughout the legal process?
Qualities to Look for in a Defense Attorney
Key qualities to look for in a criminal defense attorney include:
- Extensive experience with similar cases.
- A proven track record of success.
- Strong communication skills.
- The ability to develop and execute a comprehensive defense strategy.
- A commitment to protecting your rights and achieving the best possible outcome.
Legal Consequences of a Conviction
A conviction for resisting arrest can have far-reaching consequences beyond the immediate penalties. It can result in a permanent criminal record, which may affect employment opportunities, housing options, and personal relationships. Additionally, if the charge is elevated to a felony, the consequences can include longer prison sentences and more significant fines.
Contact The Law Offices of David L. Freidberg For Your Free Consultation
If you are facing criminal charges in Illinois, don’t face your criminal charges alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. We offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. Our firm serves clients throughout Chicago, including Cook County, DuPage County, Will County, and Lake County. Let us help you navigate the legal system and fight for your future.