Resisting arrest charges in Illinois can arise from tense encounters with law enforcement, often complicating other criminal or traffic cases and leading to severe consequences. As a Joliet criminal defense attorney with over 20 years of experience, including my time as a former Will County prosecutor, I’ve defended numerous clients against these allegations to protect their rights and minimize impacts. At the Law Office of Jack L. Zaremba, we specialize in challenging police conduct in resisting cases, which frequently intersect with DUI, domestic violence, or traffic stops. In this blog post, we’ll cover what constitutes resisting arrest, potential penalties, common scenarios in Will County, and effective defense strategies for 2025.
What Constitutes Resisting Arrest in Illinois?
Under 720 ILCS 5/31-1, resisting arrest occurs when someone knowingly resists or obstructs a peace officer performing an authorized act, such as fleeing, pulling away, or providing false information during an arrest. Simple resisting is a Class A misdemeanor, while aggravated resisting—causing injury, using a weapon, or fleeing by vehicle—escalates to a Class 4 or 3 felony. In Will County, these charges often stem from traffic stops on I-80, domestic calls, or public disturbances in Joliet, where actions like questioning officers or minor struggles can be misinterpreted as resistance.