What Does It Mean to Obstruct a Peace Officer in Illinois?

Chicago is a city where police interactions are part of everyday life, from downtown traffic enforcement to community patrols in Englewood and Rogers Park. Whether you’re driving, walking, or simply witnessing an event unfold, encounters with law enforcement can escalate quickly—especially if police believe you’re interfering with their duties. In Illinois, that conduct is often charged as “obstructing a peace officer.” The language of the law is broad, which gives police wide discretion, and that’s exactly why so many people find themselves facing serious charges for something they never believed was a crime.

Illinois law criminalizes a wide range of actions that allegedly interfere with police work, from refusing to provide identification to physically resisting arrest. Most obstruction charges are filed as Class A misdemeanors, but they can easily escalate into felony charges depending on how the state frames your behavior. And make no mistake: A conviction—even for a misdemeanor—can result in jail time, high fines, and a permanent criminal record that impacts employment, immigration, housing, and more.

At The Law Offices of David L. Freidberg, we’ve represented clients across Chicago and the surrounding counties—including Cook, DuPage, Lake, and Will—who’ve been charged with obstructing police officers, firefighters, or other public officials. Often these charges arise from emotionally charged situations, like protests, traffic stops, or domestic disturbances. We know the tactics police and prosecutors use, and we know how to dismantle weak charges and protect your freedom.

The Illinois Statute: 720 ILCS 5/31-1 and Related Criminal Offenses

Under 720 ILCS 5/31-1, a person commits obstruction when they “knowingly resist or obstruct the performance by one known to the person to be a peace officer… of any authorized act within his or her official capacity.”

That single sentence has been used to justify arrests for:

• Not complying quickly with verbal commands
• Refusing to leave an area when ordered
• Providing false information or identification
• Physically resisting arrest
• Interfering with another person’s arrest

A first-time offense is generally charged as a Class A misdemeanor, punishable by up to 364 days in jail and a fine of up to $2,500. If the conduct results in injury to the officer or involves a weapon, prosecutors may charge the offense as a Class 4 felony, which carries 1 to 3 years in prison and fines up to $25,000.

Obstruction charges are often paired with other crimes, such as:

• Resisting Arrest (720 ILCS 5/31-1(a))
• Aggravated Battery to a Peace Officer (720 ILCS 5/12-3.05(d))
• Mob Action (720 ILCS 5/25-1)

Each of these charges has serious implications. Aggravated battery to an officer, for example, is a Class 2 felony, with 3 to 7 years in prison and no possibility of probation in many cases.

In real-world application, obstruction charges are highly subjective. For instance, someone filming police with their phone might be arrested for obstruction even if they never touched anyone. Or a driver who asks too many questions during a stop might be viewed as “interfering.” This misuse of the statute is common, and courts have acknowledged its vague enforcement boundaries.

We’ve written extensively on this at chicagocriminallawyerblog.com, where we examine actual cases where clients were wrongfully charged and the steps we took to get those charges dismissed or reduced.

Criminal Case Process, Arrest, Evidence, and Trial in Illinois

A criminal case for obstruction typically begins with an arrest during a volatile moment—a loud dispute, a high-stress traffic stop, or a public protest. Once an officer makes the decision to arrest for obstruction, the wheels of the criminal justice system begin turning. That means the accused will likely be transported to a police station, fingerprinted, photographed, and held for bond court. From that point forward, the state’s attorneys begin preparing the case, even if the evidence is minimal or based solely on officer testimony.

Illinois law does not require a physical act for obstruction—verbal conduct or passive non-compliance may be enough. That means the evidence prosecutors use may be nothing more than body cam footage, police reports, or witness testimony from officers themselves. In some cases, surveillance footage, bystander videos, or police radio transmissions are introduced to bolster the claim that someone interfered with official duties.

The investigation phase includes reviewing all body cam and squad car video, witness statements, and scene reports. The discovery process is critical for defense attorneys, as it allows us to request and scrutinize every piece of evidence the prosecution intends to use.

Once formal charges are filed, the case moves into pretrial hearings, where motions to dismiss or suppress evidence may be filed. This is also when plea negotiations occur. If no agreement is reached—or if the defense strategy calls for it—the case proceeds to trial.

We recently represented a young man in the West Loop who was arrested for obstruction during a street altercation. The officers claimed he interfered while they attempted to detain another person. Our client was recording the incident but never crossed the physical boundary set by police. We obtained body cam footage and filed a motion to dismiss, showing the client complied with all verbal commands and maintained distance. The judge agreed there was no probable cause, and the case was dismissed before trial.

This is why trial-ready representation matters. Even when a case doesn’t go to trial, your attorney’s willingness to take it that far can dramatically shift the balance in your favor.

Legal Defenses and Why an Attorney Is Essential from Day One

The defense to obstruction charges depends heavily on the facts, the clarity of video evidence, and whether the officer’s actions were lawful to begin with. Here are common strategies:

One of the strongest defenses is lack of intent. The statute requires that the person “knowingly” obstruct the officer. If you didn’t know the person was an officer, or if your actions were unintentional, you have a strong argument.

Another defense is unlawful command. If an officer gave an unlawful order—such as telling you to stop recording from a public sidewalk—your refusal to comply may not constitute obstruction.

We also look at First Amendment defenses. Courts have consistently ruled that verbal criticism or peaceful refusal to comply with vague commands is protected speech—not a crime.

Having a skilled attorney early in the process ensures these defenses are not overlooked. From bond court to trial, each phase of a criminal case contains legal landmines. We help clients avoid incriminating statements, push back on unfair plea deals, and use the rules of evidence to your advantage.

What To Ask a Defense Lawyer During Your Consultation

When facing obstruction charges, your choice of attorney can make or break the outcome. During your free consultation with The Law Offices of David L. Freidberg, here are some important questions to ask:

Ask how often the attorney handles obstruction or resisting arrest cases. Ask whether they’ve taken these types of charges to trial. Ask how they evaluate the body cam footage and what their process is for filing motions to dismiss or suppress. Ask what kind of outcomes they’ve been able to secure in similar cases.

Also, ask how they plan to protect your record. For many clients—especially those with no prior criminal history—the goal is not just beating the case but keeping the record clean. That requires a detailed plan from the very first court appearance.

Chicago-Specific Criminal Defense FAQs

What happens if I’m arrested for obstruction in downtown Chicago?
You’ll likely be taken to a local precinct or central detention. Your first court appearance will be in Cook County bond court. Even if the charge is a misdemeanor, it can take months to resolve without an aggressive defense.

Is filming the police in Chicago considered obstruction?
No. Filming the police from a public place is legal. However, if you interfere with an investigation, stand too close, or refuse lawful commands, it may be construed as obstruction—even if you’re recording.

Can I be charged if I simply didn’t move fast enough?
Yes. Officers have wide discretion to claim “resistance” if you hesitate or question their authority. But that doesn’t mean the charge will stick in court.

Will a conviction affect my job or immigration status?
Absolutely. Any criminal conviction, even a misdemeanor, can be visible on background checks, affect licensing, and cause immigration issues—especially for non-citizens.

What counties around Chicago see the most obstruction arrests?
Cook County sees the most, particularly Chicago’s South and West sides. DuPage, Lake, and Will counties also file these charges, often in connection with traffic stops or bar incidents.

Can this charge be expunged from my record?
If the case is dismissed, you may be eligible for immediate expungement. If convicted, you may have to wait years and meet other conditions to seal or expunge the record.

Do police need body cam footage to file this charge?
No. But body cam footage often helps defense attorneys prove your side of the story. We always request and review it.

Is this charge worth fighting?
Absolutely. Prosecutors often file obstruction to justify an arrest or cover questionable conduct by officers. Fighting the charge is your best shot at clearing your name and protecting your future.

Why You Need an Attorney and Why You Should Choose David L. Freidberg

Obstruction charges are often filed on shaky legal grounds, but they won’t disappear on their own. Going to court without a qualified criminal defense attorney means gambling with your record, your freedom, and your future. You need someone who understands the law, who challenges weak evidence, and who never backs down from a fight in the courtroom.

At The Law Offices of David L. Freidberg, we’ve defended obstruction charges across Chicago and the surrounding counties for decades. We know the tactics prosecutors use and how to expose the flaws in their case. We prepare every case like it’s going to trial, because that’s how you get results.

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.