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Forest View Illinois Resisting a Police Officer Defense Attorneys

Aggressive and Affordable Criminal Defense Lawyers for Forest View IL

If you are being arrested by police officers in Forest View or anywhere in Illinois, you will only compound your problem if you resist the arrest in any way. There can be serious consequences for resisting a police officer and you need to mount an effective defense right away. The experienced attorneys in the law office of McPherson Harry & Associates, P.C. know how to defend against these serious charges that threaten you with heavy fines and jail time.

Resisting a police officer or other law enforcement official, such as a correctional officer, may be charged if you refuse to be taken into custody quickly and peacefully pursuant to an arrest. Some of the circumstances leading to resisting arrest charges include:

  • Physically trying to pull away from the arresting officer
  • Using abusive, inflammatory and threatening language with the officer
  • Fleeing or escaping from a police officer
  • Acting in an uncontrolled manner and making loud and disturbing protestations during the arrest
  • Interfering with the police radio transmission

There are mandatory minimum sentencing provisions for people convicted of resisting police. Furthermore, supervision may not be available as a sentencing option and jail time is a real possibility. A simple resisting arrest charge is a misdemeanor Class A offense and carries a penalty of two days in jail and a minimum of 100 hours of community service, in addition to sentences for the original charges in the arrest. Depending on the circumstances however, you may be subject to a Class 4 felony and sentenced much more harshly for more serious offenses associated with resisting arrest, including:

  • Using threats, force or violence to resist arrest
  • Taking the officer's weapon while resisting arrest
  • Injuring a peace officer during an arrest resulting in death or serious bodily injury
  • Injuring a firefighter or EMT
  • Fleeing a police officer and engaging in reckless driving to flee a police officer

Obstruction of Justice Often Charged with Resisting Arrest

In Illinois, the offense of resisting a police officer is often charged with obstructing an officer; both fall under the same statutes. Resisting or obstructing a police officer, depending on the circumstances, can constitute either a misdemeanor or a felony. Obstructing an officer may be charged as a felony when it is alleged that the defendant obstructed justice. You may be subject to obstruction of a police officer charges if you:

  • Give a false name
  • Give intentionally misleading information
  • Interfere in the arrest of another person
  • Refuse to leave the area after being given notice to vacate

Unfortunately, there is a great deal of discretion on the part of the arresting officer for what he/she feels constitutes resisting arrest behavior. It is an area where tempers run high and abuses do occur. Officers may overstate or aggravated the situation and you will have little recourse on site. Especially in such circumstances, an experienced criminal defense attorney is vital to securing a fair disposition of your case. If you are charged with resisting a police officer or any other criminal charge in Forest View or anywhere in the northwest suburban Chicago area, contact the law office of McPherson Harry & Associates, P.C. We have three convenient offices serving DuPage, Cook, Will, and Kane counties, and your initial consultation is free.

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  • Know the TRUTH:  You will discuss the nature of the charges filed (or about to be filed) against you with an attorney who speaks plainly and does not use legal-ease.
  • Realize more OPTIONS:  We work for you as a team to defend your rights.  Our ability to see all sides of an issue is not an accident.
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  • Enjoy the CONVENIENCE: You may have a free initial consultation over the phone or in our office.

 

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  • Main Office:
    1200 Harger Rd., Oak Brook, IL 60523
    (630) 472-9700
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