Why Fighting an Obstruction Charge in Chicago Requires a Skilled Legal Defense

Getting arrested in Chicago for obstruction might sound like a minor offense, but that charge carries serious consequences. It’s not unusual for people to be accused of obstruction after simply asking questions, refusing to provide information without a lawyer, or standing too close to an officer. In a city where law enforcement is under constant scrutiny and tension runs high, the police often resort to obstruction-related arrests to assert control or justify their actions. But just because you’re charged doesn’t mean you’re guilty.

At The Law Offices of David L. Freidberg, we’ve seen how easily these charges are filed—and how often they can be dismissed with the right defense.

What Does “Obstruction” Mean Under Illinois Law?

In Illinois, obstruction-related charges are addressed under two main statutes. The first is Obstructing a Peace Officer, found at 720 ILCS 5/31-1, which makes it a crime to knowingly resist or obstruct the performance of a peace officer’s authorized duties. The second is Obstructing Justice, under 720 ILCS 5/31-4, which criminalizes interfering with a criminal investigation through lies, destruction of evidence, or concealment of information.

Obstructing a peace officer is usually charged as a Class A misdemeanor, carrying a potential sentence of up to one year in jail and a $2,500 fine. Obstructing justice, on the other hand, is a Class 4 felony, punishable by one to three years in prison and up to $25,000 in fines. Both charges result in a permanent criminal record if convicted.

Many obstruction cases come down to an officer’s interpretation of your actions. In Chicago, that interpretation isn’t always objective. If a cop claims you “refused to comply” or “hindered” their investigation, that alone may be enough for the State to file charges.

What Happens After You’re Charged?

After the arrest, you’ll appear for a bond hearing in front of a Cook County judge. From there, your case proceeds through arraignment, pretrial hearings, motion practice, and possibly trial. Even if the State’s evidence is weak, they often hope you’ll accept a plea deal to “make it go away.” But pleading guilty to obstruction has lifelong consequences—including employment barriers, professional licensing issues, immigration risks, and loss of firearm rights.

Our job is to intervene early. That means challenging the probable cause for arrest, scrutinizing the evidence, and looking at how the case was built. If there were body cams involved, we demand the footage. If the arresting officer’s account doesn’t match witness testimony or surveillance video, we exploit that discrepancy. Our firm is known for dismantling these cases before they go to trial—and if they do go to trial, we’re ready.

A Real Case Example: When Police Went Too Far

A client of ours was arrested after he recorded police officers detaining someone on the Red Line platform. The officers claimed he was obstructing by “getting too close” and “refusing to move.” But the video showed he was more than 10 feet away and never interfered.

We filed a motion to dismiss based on First Amendment grounds, arguing that filming in a public space does not constitute obstruction. The judge agreed that there was no interference with lawful duties and granted the dismissal. That client walked away without a record.

These are the kinds of results that happen when you have a defense attorney who understands the law—and isn’t afraid to challenge police conduct.

Why Obstruction Is About More Than Jail Time

Even if you’re not sentenced to jail, a misdemeanor or felony conviction for obstruction follows you for life. Employers, landlords, and licensing boards all have access to your criminal history. A conviction for “obstruction” implies dishonesty, defiance, and lack of cooperation—traits that can ruin your professional future. If you’re not a U.S. citizen, it could also lead to ICE involvement or affect naturalization eligibility.

We don’t just look at whether we can win your case in court—we look at your long-term record, your job prospects, your immigration status, and your future. Every case we take is an opportunity to protect more than just your immediate freedom. It’s about protecting your reputation.

Building a Strong Defense: What to Expect

Defending against obstruction charges in Chicago starts with challenging the assumptions. Was the officer lawfully performing their duty? Did you knowingly interfere? Were your constitutional rights violated? These are the questions we answer in your defense strategy.

Our firm uses the following tools:

• Reviewing police reports for inconsistencies or false statements
• Demanding and analyzing body cam and surveillance video
• Interviewing witnesses who saw the arrest unfold
• Filing pretrial motions to suppress unconstitutional evidence
• Asserting legal defenses such as lack of intent, self-defense, or protected speech

Police often claim they gave “clear verbal orders” that were ignored. But many times, those orders were vague or weren’t given at all. If the State cannot prove beyond a reasonable doubt that your actions were knowing and willful, the case falls apart.

We’re not in the business of begging for leniency. We’re in the business of dismantling the prosecution’s case piece by piece.

How to Pick the Right Defense Attorney for Your Obstruction Case

If you’re facing obstruction charges, choosing the right attorney could mean the difference between freedom and a criminal record. In Illinois, you want a criminal defense attorney who has tried obstruction cases—not just someone who takes quick plea deals.

Ask these questions during your consultation:

• Have you handled obstruction cases before, and what were the outcomes?
• Will you be the one handling my case personally?
• What is your experience with Cook County judges and prosecutors?
• Do you prepare every case for trial, even if we’re hoping for dismissal?
• What defense strategies might apply in my case?

At The Law Offices of David L. Freidberg, we don’t make empty promises. We give straight answers and proven strategies.

The Legal System Is Not On Your Side. But We Are.

Obstruction charges are serious. They’re used by law enforcement to suppress lawful behavior, silence dissent, or justify questionable arrests. The court system tends to give police officers the benefit of the doubt, and without an aggressive attorney, your rights can be trampled.

Our firm knows how to push back. We investigate every fact, examine every witness, and scrutinize every second of body cam footage. We don’t stop until the truth is clear.

And the earlier we get involved, the more power we have to fight for dismissal, reduced charges, or a not guilty verdict.

Need Help With an Obstruction Charge in Chicago?

If you’ve been charged with obstruction in Cook County or the surrounding areas, you need a defense team that’s ready to fight for your rights from day one. At The Law Offices of David L. Freidberg, we offer experienced, trial-tested defense that gets results. Don’t settle. Don’t plead. Let us fight.

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.