Resisting Arrest

You would think that a person can only be charged with Resisting Arrest if the police have a legitimate reason to arrest them in the first place, but you would be wrong. A suspect commits the offense of resisting arrest when he resists any arrest by a known police officer, even where the arrest is unlawful. People v. Locken, 59 Ill.2d 459, 322 N.E. 2d 51 (1974).

The charge of Resisting Arrest is often seen when the arrestee is beaten. The police will claim that they had to beat the suspect because he was resisting arrest. This gives them an explanation for the injuries to the arrestee. Since some suspects do resist arrest, it often comes down to the word of the officer against the word of the defendant.

There are a number of defenses to Resisting Arrest. Resisting arrest or obstructing a police officer requires a physical act, so if the accusation is giving a false name or some other non-physical conduct, the defendant should be found Not Guilty. People v. Ramirez, 151 Ill.App. 3d 731, 502 N.E. 2d 1237 (1986).

Eyewitnesses to the incident are ideal to contradict the police version of events. The Law Office of Steven R. Hunter once defended a person accused of obstruction, but the defense obtained a video tape of the incident which showed that he merely stood there while an officer fought with one of his companions. The case was dismissed.

If possible, it is important to show that the officers were not injured. This will contradict claims that the police were victims of an unprovoked attack. Obtaining medical records and police records about medical leave can be important. Police reports sometimes provide information that can contradict the police. For example, an arrest report will state whether or not an arrestee is intoxicated. If the police claim the defendant was in a drunken rage, an indication that he was not intoxicated can be very helpful. Each case offers its own opportunities to contradict the police.

If you have a Resisting Arrest case, you need a good defense attorney. To discuss your opportunities, call the Law Office of Steven R. Hunter today to schedule a consultation. The phone number for our Chicago criminal defense law firm is (312) 466-9466.