Why Was I Charged with Resisting Arrest?

 Posted on February 27, 2025 in Criminal Defense

Getting arrested can be shocking. When you are being deprived of your freedom and forcibly placed in handcuffs, your instinct might be to resist, especially if you did not commit the crime you are being arrested for. While pulling away or trying to defend yourself in response to having force used against you may simply be an instinctual response, doing so might mean getting charged with the crime of resisting arrest. Even if you are cleared of the charges you were originally arrested for, you might still be convicted of resisting arrest. Resisting arrest is normally a misdemeanor, but can be charged as a felony if a law enforcement officer was injured as a result. An experienced Joliet, IL defense attorney can help you fight back against all of the charges you are facing.

Understanding Resisting Arrest Charges 

When a police officer tells you that you are under arrest, doing almost anything except readily complying can lead to resisting arrest charges. Something as simple as pulling your arm away when the officer tried to handcuff you or taking a step back when he moved to grab you might be construed as resisting arrest. You do not need to have genuinely tried to escape or assaulted the officer to be convicted.

Trying to talk your way out of being arrested, threatening to sue the police department, protesting that you are innocent, or shouting at the officer to let go of you are not examples of resisting arrest. Verbal resistance alone does not count - there must have been a physical act.

Plea Bargaining and Resisting Arrest Charges 

Resisting arrest can be charged overzealously. While the law was intended to punish people who try to prevent an officer from arresting them, it is now often used against people who were simply too shocked by their arrest to fully comply. Prosecutors often charge resisting arrest even when they are not sure that the charge is fully substantiated.

Normally, the state is much more interested in the crime you were originally arrested for than secondary offenses such as resisting arrest. Prosecutors are often willing to drop tertiary charges like this when you accept a plea bargain. However, the state is much more likely to aggressively pursue your resisting arrest charges if you allegedly injured a police officer. You may also be accused of assaulting an officer, depending on the circumstances.

Contact a Grundy County, IL Defense Attorney

Law Offices of Jack L. Zaremba, P.C. will do all it can to guard you against unfair resisting arrest charges. Experienced Joliet, IL criminal defense lawyer Jack Zaremba understands how easy it is to find yourself facing these charges after an arrest. Contact us at 815-740-4025 for a complimentary consultation.