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What’s The Difference Between Resisting Arrest And Obstruction In Illinois?
When police encounters escalate, the charges that follow can be confusing, especially when the arrest involves tension, hesitation, or even basic questioning. In Chicago, and across the state of Illinois, two charges are frequently used to justify arrests in these situations: resisting arrest and obstruction. While both fall under the same statute, they carry different implications and arise from very different behavior. Understanding the legal distinction is critical—because your defense depends on it.
How Resisting Arrest And Obstruction Are Charged Under Illinois Law
Under 720 ILCS 5/31-1, Illinois law combines both resisting and obstructing a peace officer into a single statute. However, courts and prosecutors interpret the two acts differently based on the nature of the accused’s behavior.
Resisting arrest is generally defined as physically preventing an officer from making an arrest. This might mean pulling your arm away during handcuffing, running from the scene, or tensing up your body when ordered to comply. Even if the arrest is unlawful, using force can lead to a resisting arrest charge.
Obstruction, on the other hand, does not require physical force. A person may be charged with obstruction for providing false information, interfering with an investigation, or refusing to comply with lawful orders—such as stepping aside during a traffic stop or refusing to identify oneself when legally required.
Both offenses are normally charged as Class A misdemeanors, punishable by up to one year in jail and a fine of $2,500. If the officer suffers injury during the incident, the charge can be escalated to a Class 4 felony, with possible prison time of one to three years.
More often than not, people charged with these offenses didn’t intend to break the law. In many cases, the allegations stem from confusion, fear, or misunderstanding. Unfortunately, prosecutors rarely care about what you were feeling in the moment. They care about what they can prove—and that’s why you need a seasoned defense attorney who understands how to challenge these charges at every step.
A Closer Look At How These Charges Play Out In Chicago Courts
In Cook County, law enforcement frequently charges resisting or obstruction to justify arrests that otherwise wouldn’t stand up on their own. These charges are often tacked onto more serious offenses—or used alone when officers feel their authority has been questioned.
In our criminal defense work at The Law Offices of David L. Freidberg, we’ve handled countless cases where our clients were charged with obstruction for simply recording an officer on their phone, walking too close during a traffic stop, or failing to respond quickly enough to shouted commands. These aren’t hardened criminals—they’re ordinary people caught in difficult situations.
Consider one recent case: our client was charged with obstruction after refusing to unlock his phone during a street encounter. The officer claimed our client “interfered” with an ongoing investigation. However, the law does not require a citizen to surrender their phone without a warrant. We filed a motion to dismiss, arguing that the officer lacked legal authority to demand the phone. The court agreed. The case was thrown out before it could proceed to trial.
Every detail matters. That’s why we investigate each case thoroughly—gathering video evidence, obtaining officer reports, and identifying any violations of your constitutional rights.
Why These Charges Matter, Even If They Seem Minor
Too often, people assume a misdemeanor charge isn’t a big deal. But even a first-time conviction for resisting or obstruction creates a permanent criminal record. That record can follow you for years, affecting job opportunities, housing, licensing, and even child custody issues.
Illinois does allow expungement in certain situations, but only if you’re found not guilty or your case is dismissed. A conviction stays on your record, and resisting arrest is viewed harshly by future employers and judges because it implies aggression toward law enforcement.
Beyond the record, these charges damage your credibility. If you’re ever charged with another crime, prosecutors may use your resisting or obstruction conviction to portray you as uncooperative or dangerous. This can impact bond hearings, plea negotiations, and sentencing.
Hiring a criminal defense attorney isn’t just about fighting the charge—it’s about protecting your long-term future.
The Evidence Police Rely On—And How We Challenge It
Law enforcement builds these cases using arrest reports, witness statements, and, increasingly, body camera footage. But reports are often vague, and bodycam footage can either help or hurt depending on how it’s presented in court. Officers frequently claim the suspect was “agitated,” “non-compliant,” or “aggressive,” but those labels are subjective and often exaggerated.
At The Law Offices of David L. Freidberg, we act fast to secure all video footage before it’s lost or overwritten. We subpoena dispatch logs, radio recordings, and officer complaint histories. We interview witnesses and file discovery motions to get every piece of evidence the prosecution plans to use.
We also evaluate whether the officer had lawful grounds to detain or arrest our client in the first place. If the underlying stop or detention was illegal, any resistance may be legally justified—or the arrest may be invalid altogether.
How Our Trial Experience Makes A Difference In These Cases
Even if you’re hoping for a dismissal or plea deal, having an attorney with real trial experience changes everything. Prosecutors take trial-ready lawyers seriously. They know we’re not afraid to challenge them in front of a jury. That gives us more leverage in negotiations and pre-trial motions.
Our trial prep begins the moment we take the case. We gather evidence, line up witnesses, and build a strategy designed to expose weaknesses in the prosecution’s claims. Many cases never make it to trial—not because our clients give up, but because we’ve positioned the case for the best possible outcome from the start.
In a recent Cook County case, our client was charged with resisting after asking an officer to explain why he was being detained. The officer claimed the client “tensed up” and refused commands. We showed the bodycam footage to the prosecution early. It revealed calm questioning—not resistance. The charges were dropped before arraignment.
That kind of result doesn’t come from luck. It comes from trial-focused strategy.
When To Call A Criminal Defense Attorney In Chicago
The earlier you hire an attorney, the better your chances. These cases move quickly. You may be offered a plea deal at your first court appearance. Without representation, you could accept a deal that carries jail time, supervision, or a permanent record—without realizing you had other options.
Our firm steps in immediately to protect your rights, block unlawful evidence, and push for dismissal whenever possible. If your case proceeds, we fight for your future at every hearing. We explain every step so you’re never in the dark.
Final Thoughts: Don’t Take These Charges Lightly—Take Action
If you’ve been charged with resisting arrest or obstruction in Chicago or the surrounding counties, this is not the time to take risks. These charges can be beaten—but not without a serious defense.
The Law Offices of David L. Freidberg offers aggressive legal representation rooted in decades of courtroom experience. We know how prosecutors build these cases. More importantly, we know how to break them apart.
We serve clients throughout Cook County, DuPage County, Will County, and Lake County. Whether this is your first encounter with the law or part of a larger case, we are ready to fight for you.
Call Now – The Law Offices of David L. Freidberg Is Ready to Help
If you were arrested in Chicago, 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.