Resisting a peace officer is a crime if you knew that: (1) the person was a peace officer, and (2) your actions would obstruct or resist that officer’s authorized act. (See 720 ILCS 5/31-1).
To prove your knowledge, the state may use circumstantial evidence inferred from your actions and the conduct surrounding them. The intent to arrest must be communicated, and your understanding of that intent may be considered. However, the test is not what you in particular thought, but what a reasonable, innocent person would have thought in your shoes. It is not necessary for the officer to explicitly tell you that you are under arrest in order to support the conclusion that you knew the officer was arresting you.
Your resistance must materially impede an officer’s performance of an authorized act. The length of any delay that you cause is one factor in determining whether your resistance was a material impediment. Your conduct may be a material impediment even from a brief delay, if it threatens the officer’s safety.
Note that you may not use force to resist even if the arrest is unlawful. An unlawful arrest is still considered an authorized act under the law.
If you are charged with resisting a peace officer, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. Did you know you were dealing with a peace officer? Did he or she identify themselves in some way? Was the officer acting in their official capacity or did they simply happen to be there? Were your actions a material impediment? Was the officer performing an “authorized” act?
Even if the evidence is overwhelming and police acted lawfully, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.
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.
Reference: People v. Walston,
