What’s The Difference Between Resisting Arrest And Obstruction?

Chicago Arrests, Misdemeanors, and Felonies: Understanding the Charge From the Start

In a city like Chicago, where police presence is constant and interactions with law enforcement are part of everyday life for many, being charged with a crime like resisting arrest or obstruction can have serious consequences. Many people don’t even realize they’ve crossed a legal line during an encounter with police—until they’re in handcuffs. Whether the arrest took place on the West Side, near the Loop, or in a suburb of Cook or DuPage County, these charges often stem from tense situations. What you do—or don’t do—in those moments can quickly escalate into criminal allegations.

In Illinois, criminal offenses are categorized as misdemeanors or felonies. The classification affects the potential penalties and how aggressively prosecutors pursue a case. Resisting arrest and obstruction are both covered under Illinois law, often under the same statute, but they involve different types of conduct. These charges may seem minor on the surface, but they can derail your future, especially if you have prior convictions or if the alleged conduct caused injury to a police officer.

Illinois Law on Resisting or Obstructing Arrest: Statutory Breakdown and Penalties

Under 720 ILCS 5/31-1, Illinois law makes it a crime to knowingly resist or obstruct the performance of a peace officer, firefighter, or correctional institution employee in the execution of their official duties. While the statute combines both offenses into a single section, the acts of “resisting” and “obstructing” carry distinct meanings under Illinois case law.

Resisting arrest usually involves physical acts—pulling away, running, or struggling. Obstruction, on the other hand, can be verbal or non-physical, such as providing false information or interfering with an officer’s investigation. Both are typically charged as Class A misdemeanors, punishable by up to 364 days in jail and fines up to $2,500. But if the resistance causes injury to the officer, the charge can be elevated to a Class 4 felony, with prison time ranging from 1 to 3 years.

These charges are deceptively simple. People are often charged with obstruction for doing things they didn’t realize were illegal—like refusing to answer questions, filming police, or failing to get out of the way. Prosecutors use these laws aggressively, and police reports often describe conduct in vague, exaggerated terms to justify the arrest.

How Criminal Cases Start: Investigations, Arrests, and What Happens Next

A criminal case in Illinois often starts with a 911 call or an officer-initiated stop. In obstruction and resisting cases, this can happen during traffic stops, protests, or when officers are executing a warrant. If the officer believes someone is interfering with their duties, they can arrest them immediately without a warrant.

After arrest, you’re booked and may be held for a bond hearing. From there, your case enters the pre-trial phase, which includes discovery, motion practice, and plea negotiations. This is when you need an experienced defense attorney most—not just to prepare for trial, but to work behind the scenes to challenge weak evidence and get charges dismissed or reduced.

A resisting or obstruction charge becomes more serious when it’s tied to another crime—like battery on a police officer, unlawful possession of a weapon, or DUI. That’s why we always treat every charge as if it could go to trial.

The Trial Process in Illinois Criminal Courts: How Defense Works at Every Stage

In Illinois, the criminal trial process starts with arraignment, where the formal charges are read. From there, your attorney files motions to suppress evidence, dismiss charges, or compel discovery. Our team at The Law Offices of David L. Freidberg uses every legal tool to push back against weak cases.

If a case goes to trial, the prosecution must prove every element beyond a reasonable doubt. In resisting and obstruction cases, we often argue that the officer was not acting within the scope of their lawful duties, that the accused didn’t act “knowingly,” or that the alleged resistance was a natural reaction to excessive force. Jury selection, cross-examination, and presenting alternative narratives are critical parts of our strategy.

In one recent Chicago case, our client was charged with obstruction for allegedly interfering during his friend’s arrest. Police claimed he stood too close and refused to leave. We obtained bodycam footage that showed our client was calm, respectful, and standing well outside the officer’s immediate area. We filed a motion to dismiss based on First Amendment grounds and lack of probable cause. The judge granted the motion, and the case was thrown out before trial.

The Evidence Police Rely On in Obstruction and Resisting Arrest Cases

Police rely heavily on subjective observations and vague descriptions in these cases. A report might say the defendant “tensed up,” “refused commands,” or “created a scene,” but these terms are often open to interpretation. Officers may also rely on bodycam footage, radio dispatch logs, or witness testimony from other officers. Unfortunately, civilian witnesses are rarely interviewed unless your attorney demands it.

Video evidence can make or break these cases. At The Law Offices of David L. Freidberg, we immediately subpoena all body-worn camera footage, dash cams, surveillance video from surrounding businesses, and civilian phone recordings. We also look into the arresting officer’s complaint history, which can reveal a pattern of misconduct.

Why You Need an Attorney to Fight These Charges—Even If It’s a Misdemeanor

Many people make the mistake of thinking they don’t need an attorney for a misdemeanor. But in Illinois, a misdemeanor conviction still creates a permanent criminal record. That record can impact job applications, firearm ownership, immigration status, and even housing opportunities.

Hiring a criminal defense attorney early allows us to challenge the prosecution’s assumptions. We can often prevent charges from being filed, get them reduced to municipal violations, or negotiate deferred prosecution agreements. If we go to trial, we’re fully prepared. And prosecutors know that—our presence alone can shift the balance of power.

Legal Defenses to Resisting Arrest and Obstruction in Illinois

There are multiple legal defenses available depending on the circumstances. If the arrest was unlawful or the officer wasn’t acting in the scope of their duties, resistance may be justified. If your conduct was passive or not intentional, that can be raised as a defense. And if the alleged conduct was protected speech, that’s a First Amendment issue.

We’ve successfully used arguments based on constitutional violations, lack of intent, mistaken identity, and unlawful police conduct. These are not cookie-cutter defenses—they are carefully crafted based on each case’s facts, evidence, and client needs.

What to Look For When Hiring a Criminal Defense Attorney in Illinois

Not all attorneys handle criminal defense the same way. Some push for quick pleas. We don’t. You need someone who takes every case seriously, even if it’s “just” a misdemeanor. Look for someone with courtroom trial experience, familiarity with local prosecutors, and the resources to review all evidence thoroughly.

The Law Offices of David L. Freidberg brings decades of experience fighting criminal charges in Cook, DuPage, Will, and Lake Counties. Our record shows we don’t back down. And we don’t settle unless it benefits our client.

Questions to Ask During Your Free Consultation

Ask how many cases like yours the attorney has handled. Ask whether they will personally handle your case or pass it off. Ask how often they take cases to trial and what their strategy will be if the case doesn’t settle. You’re hiring someone to protect your future—you deserve straight answers and real commitment.

Chicago Criminal Defense FAQs: Arrests, Charges, and Legal Rights

Can I be arrested for resisting if I didn’t physically fight the officer?
Yes. In Illinois, obstruction includes non-physical acts like giving false information or refusing to move during an investigation.

What if I was filming the police and they charged me with obstruction?
Filming police in public is protected by the First Amendment. If you were arrested for recording officers, we may be able to get the case dismissed based on your constitutional rights.

Will a misdemeanor resisting arrest charge stay on my record?
Yes, unless you are found not guilty or the case is dismissed. A conviction for resisting or obstructing becomes part of your permanent record and can affect employment and licensing.

Can police charge me with obstruction if I didn’t know what was happening?
The statute requires “knowingly” obstructing a peace officer. If you were confused or unaware of the officer’s actions, that may be a viable defense.

Can I go to jail for a first-time obstruction offense in Illinois?
Yes. Class A misdemeanors carry up to 364 days in jail. However, jail is not mandatory, and an experienced attorney may be able to negotiate alternatives like supervision or dismissal.

Is it resisting arrest if I asked the officer why I was being detained?
No. Asking questions or asserting your rights is not resisting. However, police may interpret any delay or questioning as resistance. That’s why documentation and legal representation are essential.

Do police have to show bodycam footage in these cases?
Yes, if it exists. We aggressively demand all bodycam footage during discovery. If police fail to turn it over or if it contradicts their reports, that can help your defense.

What happens if I was charged with obstruction while helping someone else?
Helping a friend is not a crime—but interfering with police can be charged as obstruction. If your conduct was reasonable and non-interfering, we can challenge the arrest.

Can resisting arrest be charged if I was defending myself from excessive force?
Yes, but we can assert a defense of self-protection. If the officer used unreasonable or excessive force, you have a legal right to defend yourself, and we’ll present that defense.

What’s the biggest mistake people make after being arrested for resisting or obstruction?
Talking to police without a lawyer. Anything you say can be twisted into an admission. The best move is to remain silent and call our office immediately.

Why You Need a Criminal Defense Attorney for These Charges

Resisting arrest and obstruction charges might seem small, but they carry consequences that can follow you for life. They’re also often based on vague or exaggerated claims by law enforcement. You deserve someone who will scrutinize every piece of evidence, challenge every unsupported assertion, and protect your rights from the moment you’re charged.

At The Law Offices of David L. Freidberg, we defend clients in Chicago and throughout Cook County, DuPage County, Will County, and Lake County. Whether your charge stems from a misunderstanding, a verbal exchange, or an officer’s overreach, we have the trial experience and legal strategy to fight back.

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.