NOTE: This article was updated to account for Public Act 101-652, which takes effect on January 1, 2023. Starting on that date, this Act will make adjustments to the Illinois laws concerning resisting arrest offenses under 720 ILCS 5/31-1.
One of the most common misdemeanor offenses charged in the State of Illinois is resisting or obstructing a peace officer under 720 ILCS 5/31-1. The majority of individuals arrested for this offense are initially approached by the police for some other type of conduct.
For example, the police might be responding to a domestic violence complaint or a DUI. When the officer to attempts to arrest the person, they are guilty of resisting a peace officer if they try to pull away, refuse to put their hands behind their back, or run away from the officer.
The resisting statute is somewhat vague in its definition as to what constitutes a violation. The statute was written that way so that it could cover a large variety of conduct. Generally, if a person refuses an officer’s command to do something, that is obstructing a peace officer. If the person makes an affirmative action such as pulling away from the officer, that is resisting a peace officer. Unfortunately, because the statute is so vague, virtually any conduct could be considered resisting arrest if it impedes an officer’s investigation.
If it is later determined that the officer had no reasonable suspicion or probable cause to approach the person, it cannot be used as a defense to the resisting charge. This is because a person is not allowed to resist an unlawful arrest. However, a person could claim self-defense if the facts of the case support it, such as where the officer uses excessive force.
Starting in 2023, Illinois will feature an important exception to the offense of resisting arrest. Moving forward, this crime will require an underlying offense that justifies arrest in the first place. In other words, law enforcement must have a reason to arrest a person. Otherwise, resisting arrest charges are likely inapplicable.
Resisting or obstructing a peace officer is a Class A misdemeanor and is punishable by up to one year in jail, a $2,500 fine, or both. A sentence of supervision is not available on this charge in the State of Illinois. Therefore, the minimum sentence is a conviction, which is a permanent record that cannot be expunged.
The law requires a period of 48 hours of incarceration and no less than 100 hours of community service. In certain circumstances, resisting arrest can be a Class 4 felony.