What You Need To Know About Obstructing A Peace Officer In Illinois

In Chicago, even the most minor interaction with a police officer can quickly become complicated. Whether you’re pulled over for a broken tail light, witnessing an arrest outside a downtown bar, or filming a traffic stop on your phone, your behavior during that encounter may lead to criminal charges—even if you never touched anyone or raised your voice. One of the most commonly misunderstood charges filed in these situations is “obstruction of a peace officer.” It may not sound serious, but under Illinois law, this charge can carry significant legal and personal consequences.

At The Law Offices of David L. Freidberg, we know how aggressively Chicago prosecutors pursue obstruction cases. They often stem from miscommunications, overreactions by police, or minor conduct that shouldn’t be criminalized in the first place. But once you’re charged, the situation becomes real, fast. That’s why you need to understand what this charge actually means and how we defend our clients every day in courts across Cook, DuPage, Will, and Lake Counties.

Illinois Law: What Does “Obstruction” Really Mean?

The statute that defines this offense is 720 ILCS 5/31-1. It says a person commits obstruction if they knowingly resist or obstruct a known peace officer performing an official duty. It doesn’t require force or violence. It doesn’t require intent to hurt someone. It only requires that your actions interfere with the officer’s ability to perform their job.

That could include:

Not moving fast enough when told to leave a scene
Walking between an officer and a suspect
Verbally objecting to someone being detained
Asking too many questions during a traffic stop
Filming from “too close” to an arrest
Providing incorrect or delayed identification

These actions may not seem criminal to the average person, but under Illinois law, they can lead to a Class A misdemeanor, which carries a maximum of 364 days in jail and up to $2,500 in fines.

In some cases, obstruction is upgraded to a Class 4 felony—especially if the officer is injured, if there’s a struggle, or if it’s tied to another more serious charge. That felony record can follow you for the rest of your life.

Police often file obstruction charges when they feel their authority has been challenged or undermined. But the law is vague, and courts have occasionally pushed back on overly aggressive uses of this statute. Still, without an experienced defense attorney, you’re unlikely to get the benefit of that legal doubt.

How These Cases Start and What the State Tries to Prove

The most common setting for an obstruction charge is during a traffic stop or public altercation. Often, the individual is not the primary suspect but someone nearby. Maybe they’re filming, trying to speak up for a friend, or simply failing to move fast enough. The officer becomes irritated, and suddenly the cuffs come out.

Once the charge is filed, the case follows a standard criminal process in Illinois. You’ll be arrested or receive a court summons. Your first court date will be for arraignment. From there, the judge sets bond conditions, and discovery begins.

The state will attempt to prove:

You knew the person was a peace officer
The officer was performing a lawful duty
Your actions knowingly interfered with that duty

Evidence used often includes:

Police body cam footage
Squad car video
Officer testimony
Witness statements
Bystander video (if available)

One of our clients was arrested near a CTA station after trying to record police detaining a teenager. The officer told him to “back off,” and within seconds, he was thrown to the ground and charged with obstruction. We obtained body cam footage showing the client standing over ten feet away and not interfering at all. The case was dismissed within two months. These types of charges are beatable when you fight them aggressively from the start.

Why These Charges Are So Damaging—Even If You Don’t Go to Jail

Obstruction may sound like a low-level offense, but any criminal charge involving police resistance sends a message to future employers, landlords, or licensing boards. It paints a picture of someone who disrespects authority—even when that picture is false.

In addition to potential jail time, a conviction could:

Appear on background checks indefinitely
Affect immigration status
Disqualify you from certain job opportunities
Interfere with school enrollment or housing
Be used against you in future police encounters

Worse, obstruction charges often prevent you from qualifying for diversion programs or court supervision in other cases. Prosecutors take them seriously, even if the facts don’t back it up.

At The Law Offices of David L. Freidberg, we treat every obstruction charge like the high-stakes matter it is. From the moment you hire us, we begin working to protect your reputation, your record, and your future.

Legal Defenses We Use To Challenge Obstruction Charges

The most effective defense depends on the specific facts, but here are some arguments we commonly use in court:

You didn’t knowingly interfere.
The law requires you to “knowingly” obstruct. If you were confused, overwhelmed, or unaware that your actions were a problem, that can form the basis of a strong defense.

You didn’t know the person was an officer.
This often arises in plainclothes cases or large crowd events. If the officer didn’t clearly identify themselves, you may not have had the required intent.

Your actions were protected by the First Amendment.
Verbal criticism or passive refusal is often protected speech. Police don’t get to arrest you simply because you’re speaking up or questioning their conduct.

The officer’s command was unlawful.
If the officer ordered you to stop recording from a public space, or gave other commands outside their legal authority, your refusal to comply may not be obstruction at all.

We’ve also succeeded by filing motions to suppress arrests based on lack of probable cause, exposing inconsistencies in body cam footage, or negotiating reductions that protect our clients’ records.

Why You Need a Defense Lawyer Immediately

Every word you say to police can be used against you later. Every delay in hiring an attorney gives the prosecution more time to build their case. From the moment you’re charged, you need an advocate who knows how to:

Review all video evidence and incident reports
Identify unlawful police behavior
File the right pretrial motions
Negotiate effectively with the State’s Attorney
Take your case to trial if needed

Prosecutors know which defense lawyers fight and which ones fold. At The Law Offices of David L. Freidberg, we don’t fold. We prepare every case as if it’s going to trial—even if we resolve it early—because that’s how we win dismissals and reductions.

You can read more about how we fight these cases at www.chicagocriminallawyer.pro, where we discuss obstruction, resisting arrest, and other similar offenses.

Final Thoughts: Don’t Let a Simple Encounter Become a Permanent Record

Most obstruction charges come down to split-second decisions—by officers, bystanders, and those caught in between. What begins as a misunderstanding can end in a permanent criminal record unless you act fast and defend your rights.

The stakes are too high to take chances. Let The Law Offices of David L. Freidberg fight for your record, your reputation, and your freedom.

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.