The answer is no.
Under 720 ILCS 5/31-1, a person who resists arrest is guilty of a Class A Misdemeanor. However, you are not subject to resisting arrest unless there is an underlying offense for which you could be arrested. Nonetheless you may not use force to resist arrest even if the arrest turns out to be illegal. See also 720 ILCS 5/7-7
In People v. Tripp, the defendant resisted an arrest based on a charge of criminal damage to property. The state later dropped the criminal damage charge. At trial, the defense argued that the state was required to prove beyond a reasonable doubt that the officers had probable cause to arrest him. The court disagreed. The existence of probable cause is not an element of the offense. Instead, it is part of the defense.
If you have been charged with resisting arrest or a similar offense, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible outcome. As with most offenses, the state must still prove all the elements of the crime beyond a reasonable doubt. While the state doesn’t have to prove the officer had probable cause, it still must prove that you acted knowingly and that your behavior could actually be defined as resisting. For example, see our related post Does Arguing with Police Equal Resisting Arrest?
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
