A Common Charge With Uncommon Consequences
Resisting arrest is one of the most frequently charged misdemeanors in Joliet and throughout Will County — and one of the most misunderstood. It is almost always a companion charge added on top of another offense like DUI, domestic battery, or disorderly conduct. What many people do not realize is that resisting arrest carries harsher sentencing rules than most misdemeanors in Illinois: court supervision is not available, a mandatory minimum of 48 hours in jail or 100 hours of community service applies, and a conviction cannot be expunged. This makes fighting the charge — or negotiating a reduction — essential.
Attorney Jack Zaremba is a former Will County prosecutor who knows how these charges are used and how to defend against them. In many cases, resisting arrest charges are added by officers to justify the use of force during an arrest or to strengthen an otherwise weak case. An experienced defense attorney can challenge these charges and pursue outcomes that protect your record.
Illinois Resisting Arrest Law — 720 ILCS 5/31-1
Under 720 ILCS 5/31-1, a person commits the offense of resisting or obstructing a peace officer when they knowingly:
- Resist the performance by one known to the person to be a peace officer of any authorized act within their official capacity, OR
- Obstruct the performance by one known to the person to be a peace officer, firefighter, or correctional institution employee of any authorized act within their official capacity
The statute is intentionally broad. It does not define what specific conduct constitutes “resisting” or “obstructing.” In practice, Will County officers have charged people with resisting for conduct as minor as pulling an arm away during handcuffing, tensing their body, walking away from an officer, providing a wrong name, or verbally challenging an officer’s actions.
Critical limitation: Under subsection (d) of the statute, you cannot be arrested for resisting arrest alone. There must be an underlying offense for which you were initially subject to arrest. If there was no lawful basis for the original arrest, the resisting charge may be challengeable.
Penalties for Resisting Arrest in Joliet
Class A misdemeanor:
- Up to 364 days in jail and fines up to $2,500
- Mandatory minimum: 48 consecutive hours of imprisonment OR 100 hours of community service — the court cannot waive this
- Court supervision is NOT available — the minimum sentence is a conviction
- A conviction is permanent — it cannot be expunged or sealed
Class 4 felony (if your resistance was the proximate cause of injury to an officer):
- 1 to 3 years in prison, fines up to $25,000
- Probation may be available for first-time offenders
The inability to receive court supervision is what makes resisting arrest uniquely damaging compared to other misdemeanors. Most Class A misdemeanors in Illinois allow for supervision — a non-conviction outcome that keeps your record clean. Resisting arrest does not. This is why negotiating a reduction to disorderly conduct or another supervision-eligible offense is often the most important defense strategy.
Common Conduct That Leads to Charges
The vagueness of the resisting statute means that a wide range of conduct can result in charges in Joliet:
- Pulling away when an officer attempts to handcuff you
- Tensing your body or stiffening your arms during an arrest
- Running or walking away from an officer during a lawful stop
- Providing false identification or a wrong name
- Refusing to follow commands such as “get on the ground” or “put your hands behind your back”
- Verbal confrontation — while speech alone should not constitute obstruction, officers sometimes charge it as such
- Filming or recording police activity — lawful under the First Amendment, but officers occasionally charge bystanders with obstruction for recording from close proximity
- Physical struggle during an arrest for another offense
Many of these situations involve split-second reactions to stressful encounters — not deliberate attempts to interfere with law enforcement. The question of whether the conduct truly rose to the level of criminal obstruction is often the central issue in defending these cases.
Why Resisting Charges Are Often Overcharged
As a former prosecutor, Attorney Zaremba has seen how resisting arrest charges are frequently used in Will County:
- To justify force — When officers use physical force during an arrest and the defendant is injured, adding a resisting charge provides a narrative that the force was necessary because the defendant was resisting
- To strengthen weak cases — When the underlying charge (DUI, disorderly conduct, trespass) is weak, adding resisting gives prosecutors additional leverage in plea negotiations
- To discourage complaints — A defendant facing a resisting charge is less likely to file a complaint about officer conduct during the arrest
- Officer perception vs. reality — What an officer perceives as “resistance” in a chaotic, fast-moving encounter may look very different on bodycam footage. Instinctive reactions — flinching, pulling back, confusion — are not the same as knowingly obstructing an officer
Defense Strategies for Resisting Arrest Charges
- Challenging the underlying arrest — Under subsection (d), you cannot be charged with resisting arrest unless there was an underlying offense. If the original arrest was unlawful, the resisting charge may be dismissable.
- Lack of knowledge — The statute requires that you knew the person was a peace officer. If the officer was in plainclothes, did not identify themselves, or the situation was chaotic, this element may not be proven.
- No actual obstruction — Verbal disagreement, asking questions, or expressing frustration does not constitute obstruction. The First Amendment protects the right to verbally challenge police actions, and filming police activity in public is a protected right.
- Bodycam and dashcam footage — Video evidence frequently tells a different story than the police report. We subpoena all available footage and use inconsistencies between the officer’s written account and the video to challenge the charge.
- Self-defense against excessive force — While Illinois does not allow you to resist an unlawful arrest, you can assert self-defense if the officer used excessive force. If the force was disproportionate to the situation, your physical response may be legally justified.
- Negotiating a reduction — Because court supervision is unavailable for resisting arrest, negotiating a reduction to disorderly conduct (Class C misdemeanor, supervision eligible) is often the most practical defense outcome. This avoids a permanent conviction on your record.
Frequently Asked Questions About Resisting Arrest in Joliet
Can I be charged with resisting arrest if the original arrest was illegal?
Illinois law does not allow you to physically resist an arrest — even an unlawful one. However, under subsection (d) of the statute, you cannot be arrested solely for resisting arrest without an underlying offense. If the original arrest lacked probable cause, your defense attorney can challenge both the underlying charge and the resisting charge.
Why is court supervision not available for resisting arrest?
The Illinois legislature specifically excluded resisting arrest from supervision eligibility and imposed mandatory minimum penalties (48 hours jail or 100 hours community service). This makes the charge uniquely harsh compared to other Class A misdemeanors and is why negotiating a reduction to a supervision-eligible offense is critical.
Is it legal to record police in Illinois?
Yes. Recording police officers performing their duties in public is protected by the First Amendment. You cannot be lawfully charged with obstruction for filming police activity from a reasonable distance. If you were charged with obstruction while recording, this is a strong basis for challenging the charge.
Can a resisting arrest conviction be expunged?
No. A conviction for resisting arrest in Illinois cannot be expunged or sealed. This is one of the most important reasons to fight the charge or negotiate a reduction to an offense that allows supervision — which can later be expunged.
Related: Return to Criminal Defense for an overview of all related practice areas and defense strategies.
Contact a Joliet Resisting Arrest Defense Attorney
If you are facing resisting arrest or obstructing a peace officer charges in Joliet, Will County, or Grundy County, the permanent nature of a conviction makes experienced legal representation essential. Contact the Law Offices of Jack L. Zaremba, P.C. at 815-740-4025 for a free consultation. Attorney Zaremba is available 24 hours a day.