How Do I Defend Against an Obstruction Charge in Chicago?

Obstruction Charges in Chicago: What You’re Really Facing

Chicago is no stranger to aggressive policing, and it’s not uncommon for residents to find themselves facing obstruction charges after a routine traffic stop, protest, or even a misunderstanding during an investigation. If you’ve been arrested in Cook County or anywhere in the greater Chicago area for obstruction, you’re likely overwhelmed—and rightly so. Obstruction charges are deceptively complex under Illinois law, and even a misdemeanor conviction can permanently stain your criminal record.

In Illinois, obstruction-related crimes fall under several statutes in the Illinois Criminal Code. The most frequently charged is Obstructing Justice, defined in 720 ILCS 5/31-4, which includes acts like destroying evidence, lying to police, or fleeing to avoid arrest. There’s also Obstructing a Peace Officer under 720 ILCS 5/31-1, which covers more general actions that interfere with an officer performing lawful duties.

Obstructing a peace officer is usually charged as a Class A misdemeanor, punishable by up to 364 days in jail and a fine of up to $2,500. However, if the act of obstruction involves destruction of evidence, harboring a fugitive, or providing false information in a criminal investigation, the State may charge Obstructing Justice, which is a Class 4 felony punishable by 1 to 3 years in prison and up to $25,000 in fines.

In a city like Chicago, where policing tactics can sometimes blur the lines of legality, obstruction charges are often used as a catch-all to penalize people who assert their rights or ask questions. The problem? These charges stick—and can derail your career, your immigration status, your ability to rent, and your right to possess a firearm.

To understand how these charges develop, you need to know how criminal investigations begin in Illinois. Whether you’re accused of obstruction after refusing to identify yourself or allegedly interfering during someone else’s arrest, the case begins with police reports and witness statements. The State then files charges if they believe the facts fit the statutory definition. From that moment on, your rights, freedom, and future are on the line.

Understanding the Criminal Trial Process in Illinois and Real Defense Strategies

Once you’re charged, your case enters the formal trial process. In Illinois, that process starts with a bond hearing, followed by a series of status dates, pretrial motions, and—if unresolved—a bench or jury trial.

The State has the burden to prove your guilt beyond a reasonable doubt, and that standard is especially difficult in obstruction cases where the facts often hinge on officer testimony. A skilled defense attorney will focus on pretrial litigation—motions to suppress, motions in limine, and even motions to dismiss—based on constitutional violations or lack of evidence.

Let me give you an example. One of my clients was arrested during a protest in downtown Chicago and charged with obstructing a peace officer for allegedly refusing to step back when ordered. The arrest was captured on cell phone video, which contradicted the police report. We filed a motion to suppress, arguing the arrest lacked probable cause and violated my client’s First and Fourth Amendment rights. The judge granted our motion and the charges were dismissed.

These kinds of results don’t happen by accident. They come from knowing the local rules, the tendencies of Cook County prosecutors, and the way to use evidence to dismantle the narrative that the police try to present. Trial-readiness forces the prosecution to take your defense seriously.

What Police Try to Collect—and How to Fight Back

When it comes to obstruction charges, law enforcement focuses on three main types of evidence: officer body cam footage, written reports, and witness statements. In some cases, they’ll also use surveillance footage, social media activity, or cell phone metadata to strengthen their case.

However, many of these cases come down to your word against the officer’s. Police reports are often written in ways that justify arrest decisions, and without proper legal defense, that narrative goes unchallenged.

Our approach starts by attacking the evidence. We analyze discrepancies in officer reports, challenge the admissibility of video evidence, and often seek to obtain third-party footage—such as security camera footage from a local business or bystander cell phone videos. Sometimes, the most powerful defense is pointing out what’s not in the evidence—no proof of obstruction, no commands issued, no warnings given.

The Illinois criminal justice system gives defendants rights—but you need someone in your corner who knows how to exercise those rights before it’s too late.

Even a misdemeanor obstruction charge can be devastating. Beyond jail time and fines, a conviction creates a permanent record that employers, landlords, and immigration authorities can see. If you’re not a U.S. citizen, an obstruction conviction could even be treated as a crime of moral turpitude, triggering removal proceedings.

This is why having a defense attorney who understands the nuances of Chicago’s courtrooms and Illinois criminal statutes isn’t optional—it’s essential.

Legal Defenses and How the Right Attorney Makes All the Difference

When we defend obstruction charges in Chicago, we use every legal tool available. Common defenses include lack of intent, unlawful arrest, First Amendment protections, and self-defense in situations where an officer uses excessive force.

For example, under 720 ILCS 5/31-1, it must be shown that you knowingly resisted or obstructed a peace officer performing authorized duties. If you didn’t know the person was a police officer, or if their commands were unclear or unreasonable, your attorney can challenge the basis of the charge.

We’ve also defended clients accused of obstruction for exercising their constitutional rights—such as filming the police, refusing to speak without an attorney, or declining to answer questions. These actions are not illegal. In fact, they’re protected by law. But without someone to stand up for you in court, these charges can be weaponized.

When hiring a criminal defense lawyer in Illinois, you need someone who does more than talk tough. You want someone who has litigated real criminal trials in Cook, DuPage, Will, and Lake Counties. Someone who knows the judges, the prosecutors, and how to craft a legal argument that sticks.

Ask your potential attorney questions that matter: How many obstruction cases have you handled? What were the outcomes? Have you taken these cases to trial? Will you be the one representing me, or will someone else step in?

A good defense attorney will be transparent, aggressive in defense strategy, and deeply familiar with the Illinois Compiled Statutes and local courtroom dynamics.

You can start your research by reviewing past case outcomes and defense insights on our Chicago Criminal Defense Blog.

Chicago Criminal Defense FAQs

What does it mean to obstruct a peace officer in Illinois?
Obstructing a peace officer generally means interfering with a lawful police action—this could include giving false information, physically resisting, or even filming too close in a way the officer deems disruptive. The statute, 720 ILCS 5/31-1, defines this broadly, but the prosecution still must prove that you knew the person was an officer and that they were performing an authorized duty.

Can I be arrested for just refusing to answer police questions?
Not lawfully. Under the Fifth Amendment and Illinois law, you have the right to remain silent. If your silence alone results in an obstruction charge, that can form the basis of a motion to dismiss or suppress.

Is filming the police considered obstruction?
Filming police in public is legal in Illinois under the First Amendment, as long as you’re not physically interfering. However, some officers still attempt to use obstruction statutes to discourage it. If you’ve been arrested for recording, that’s a fight worth having in court.

Will an obstruction charge show up on a background check?
Yes, even if you’re not convicted. Any arrest, charge, or court appearance may appear on your record. That’s why it’s important to seek expungement or sealing if the charges are dropped or dismissed.

Can a charge for obstructing justice be upgraded to a felony?
Yes. If the State believes your actions were intended to prevent the arrest or prosecution of another person, destroy evidence, or mislead law enforcement during a criminal investigation, they may file Obstructing Justice under 720 ILCS 5/31-4, which is a Class 4 felony.

What’s the difference between resisting arrest and obstruction?
While both are similar, resisting arrest typically involves physical resistance, while obstruction can include non-physical interference. Illinois courts treat both seriously, but obstruction often hinges more on interpretation and officer testimony.

Can I get court supervision for an obstruction charge in Chicago?
In some misdemeanor obstruction cases, the court may grant supervision instead of a conviction, especially for first-time offenders. However, you should not accept supervision without speaking to a defense attorney first—it still goes on your record and could affect future opportunities.

Do I need a lawyer even if it’s just a misdemeanor?
Absolutely. Misdemeanor charges carry jail time, fines, and permanent records. Many people mistakenly think they can handle it alone and end up pleading guilty to something that could have been dismissed or reduced.

Why You Need The Law Offices of David L. Freidberg On Your Side

Obstruction charges are far from simple. They are aggressively prosecuted in Chicago and often arise in politically charged or emotionally tense situations. Prosecutors count on people accepting plea deals without a fight. But at The Law Offices of David L. Freidberg, we fight back.

With decades of experience in Cook County and surrounding areas, we know how to dismantle the prosecution’s case before it ever sees a jury. Whether your case involves a protest, traffic stop, or misunderstanding, we take a serious, trial-ready approach that forces better outcomes—even when a trial isn’t necessary.

A criminal record isn’t just a legal issue—it’s a personal, financial, and professional one. That’s why you don’t settle. You defend.

Call Now – The Law Offices of David L. Freidberg Is Ready to Help

If you’ve been charged with DUI in Chicago and have a medical condition that may have impacted your arrest or test results, call The Law Offices of David L. Freidberg for a free 24/7 consultation.

If you were arrested in Chicago for DUI, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.