Resisting arrest or obstructing a peace officer is a common charge with some very serious consequences. Being found guilty of impeding an officer’s ability to effectuate arrest or to conduct an investigation results in severe criminal charges and disastrous results on the defendant’s reputation and criminal record.
If you have to deal with such a situation, for how stressful it can be for you and your family, don’t lose hope! Deciding to make use of the criminal defense attorney services offered by Tommalieh Law is your best choice to get a fair trial. Our team is committed to providing an aggressive defense. Our experienced Cook County resisting arrest defense lawyers will do everything in their power to resolve each case as favorably as possible for the defendant.
Don’t hesitate to schedule an appointment or a free consultation with us! You can call us today and discuss your situation with one of our team members, risk-free, and completely confidential! We are here to help you.
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What Is The Definition of Resistance?
To make things clear, let’s first define what is meant by resistance or obstruction to a public officer. To start with, a public officer can be a firefighter, a police member, a sheriff, but also a parole supervisor, park rangers, or correctional officers.
Private security guards do not fall under this category because they are not considered as performing a public duty, meaning they are usually treated as private citizens rather than law enforcement officers. Thus, resisting arrests by security guards is not a crime. Keep in mind that things might be different when resisting off-duty police officers working as private guards.
A defendant is found guilty of resisting arrest when he or she intentionally prevents an officer from carrying on a lawful arrest or discharging any official duty.
When the person in question poses a substantial risk or even physically injures any officer or a civilian, the case is one of the resistance of arrest. Such behavior may justify the use of force to overcome the resistance and the consequences of a conviction can be very severe.
Unfortunately, the law is not specific on the actions that meet the definition of obstruction or resistance. The result is that often convictions of such a crime are based on the interpretation of officers.
Actions that might result in charges are:
- Fleeing from an officer
- Not responding to the officer’s orders
- Struggling or resisting when the officer is putting handcuffs onto the suspect
I’ve Been Charged With Resisting Arrest: Now What?
When convicted for resisting arrest, there are some things you might want to reflect upon before taking action. First of all, to be convicted you need to be aware of what qualifies as resistance. To make things simpler, ask yourself:
- Did the officer tell you that you were under arrest before they took action to stop you and handcuffing you?
- Did the officer say anything in particular before arresting you?
- Had you done anything suspicious that could have caused you to be arrested or to expect to be arrested?
When answering such questions, you might realize you are guilty of resistance. If that’s the case, even if you’ve been wrongly convicted, you must contact a professional criminal attorney to assist you during the trial and protect your rights.
Why Will I Need A Criminal Defense Lawyer?
The best thing you can do to avoid being charged with resistance is to not react. Simply go along with the officer(s) and state you wish to remain silent and to get an attorney. You simply can not resist, nor use force against a public officer, even if you feel you are being unfairly targeted or arrested. Instead, remain silent and wait for the defense attorney to speak with you and for you.
If you feel you are a victim of police misconduct or unfair prosecution and that you are not guilty of resisting, consult an experienced and qualified attorney, and file a complaint. A professional criminal defense attorney will advise you on your rights and on the best steps to take. They will also help you navigate the often complicated legal system and resolve the case in the most positive way for you.
Being charged with resisting arrest is a serious issue. Upon conviction, it can result in high fines and prison time. For this reason, you should get a criminal defense attorney to help you with your case.
Contact Our Law Firm For Help!
If you have been charged with resisting arrest in Chicago, Cook County, and surrounding areas, contact the attorneys at Tommalieh Law! We are dedicated to giving our clients the necessary legal representation, to reduce charges or even having the cases dismissed.