Facing an Obstruction Charge in Illinois? Here’s What It Really Means and What You Should Do

A sudden arrest. A routine stop that escalates. A heated moment between civilians and police. In Chicago, these situations happen every day—and sometimes they result in a charge that surprises people: obstruction of a peace officer. You might not have been violent. You may not have even touched the officer. But if they say you interfered in any way, you could be facing a criminal charge with serious consequences.

At The Law Offices of David L. Freidberg, we understand how confusing, frustrating, and unfair these cases can feel. We’ve helped clients throughout Cook County and the surrounding areas beat these charges or minimize the impact. If you or someone you care about is accused of obstructing a peace officer, you need to understand what Illinois law says and what your next steps should be.

What Is Considered Obstruction in Illinois?

Obstruction of a peace officer is defined in 720 ILCS 5/31-1. The statute says that anyone who knowingly resists or obstructs a peace officer performing their official duties can be arrested and prosecuted.

Now here’s where it gets tricky: obstruction doesn’t have to involve physical resistance. You can be charged for things like:

Hesitating when ordered to move
Standing near the scene of an arrest
Recording the police with your phone
Verbally challenging an officer’s actions
Failing to immediately provide ID

In many of these cases, people aren’t trying to get in the way—they’re simply reacting in real time. But the law gives officers wide discretion. That means you could be arrested on the spot based on nothing more than an officer’s opinion that you were interfering.

This is why we take obstruction charges so seriously. You’re not just dealing with a misunderstanding. You’re facing jail time, fines, and a record that could follow you for years.

What Are the Penalties If You’re Convicted?

In most cases, obstruction is charged as a Class A misdemeanor. The penalties include:

Up to 364 days in jail
A $2,500 fine
Probation and court supervision

But the consequences go beyond the courtroom. A conviction can:

Show up on background checks
Limit job opportunities
Impact housing applications
Affect college or graduate school admissions
Trigger immigration consequences

If the obstruction involved injury to an officer or was committed alongside another offense (like resisting arrest or battery), the charge may be upgraded to a Class 4 felony. That carries:

1 to 3 years in state prison
Up to $25,000 in fines

And once you have a felony conviction, the damage to your reputation and rights—like the right to own a firearm or vote while incarcerated—can be permanent.

Common Ways Obstruction Charges Arise

We’ve defended obstruction cases involving every kind of scenario—from street encounters in Uptown to traffic stops on I-90. Often, the person charged was not even the focus of the original police activity.

Here are some of the most common situations we’ve seen:

A bystander films an arrest, and officers claim the person interfered or refused to step back
A driver refuses to exit their car quickly, and police interpret the delay as resistance
Someone at a protest refuses to leave a public space, even if they’re peaceful
A person questions an officer’s conduct, and the conversation escalates
A passenger in a vehicle gives slow or incorrect ID, and officers allege intentional interference

In these moments, the charge often reflects a power imbalance more than actual criminal behavior. But once the case is in motion, it becomes your word against the state—and you need a legal strategy to fight back.

The Importance of Body Camera Footage and Other Evidence

Obstruction cases often hinge on body cam footage, witness statements, and the officer’s version of events. Prosecutors rely heavily on police testimony, and unless there’s objective video that contradicts it, the court may give the benefit of the doubt to law enforcement.

That’s why we move quickly to request and review:

Body cam and dash cam footage
Dispatch and police reports
Bystander videos (especially from cell phones or social media)
Eyewitness testimony from those present at the scene

This evidence can reveal whether the officer’s commands were lawful, whether you followed them, and whether the arrest was truly justified. In one recent Chicago case, we defended a client accused of obstructing police during a domestic call. The officers claimed our client interfered, but video showed he was calmly standing on the sidewalk and had followed every instruction. We filed a motion to dismiss based on lack of probable cause. The charges were dropped without a trial.

Evidence is your strongest ally. But without a skilled defense attorney to collect and analyze it, the facts may never come to light.

Defenses That Can Defeat an Obstruction Charge

There are several strong legal defenses available in obstruction cases, depending on the facts. These include:

Lack of Intent
You must have “knowingly” interfered with the officer’s duty. If you didn’t understand what was being asked, didn’t know the person was an officer, or made an honest mistake, the state can’t prove the required mental state.

Unlawful Orders
Officers must act within their legal authority. If they ordered you to stop recording, move from a public area without cause, or obey commands unrelated to their duties, your refusal may not be obstruction at all.

First Amendment Protection
Speech alone—even angry or critical speech—is not obstruction. If your conduct was purely verbal, it may be protected expression.

Officer Misconduct
Sometimes officers file obstruction charges to cover up their own mistakes or overreactions. If the video shows unnecessary force or inconsistent stories, we can challenge the entire arrest.

These defenses are complex and fact-specific. That’s why we investigate every detail and prepare to challenge the charge at every stage.

Why Having an Attorney With Real Trial Experience Matters

Even if you don’t expect your case to go to trial, hiring a criminal defense attorney who regularly fights cases in front of judges and juries changes everything. Trial experience means:

Better motion practice
Stronger cross-examination of officers
Greater leverage in plea negotiations
The ability to take the case to verdict if necessary

Prosecutors know which attorneys are willing to try a case and which aren’t. That affects the offers you get—and whether the case gets dismissed outright.

At The Law Offices of David L. Freidberg, we build every case from day one as if it may go to trial. That level of preparation often results in charges being dismissed or significantly reduced before trial is ever necessary.

What To Do If You’ve Been Charged With Obstruction

Don’t assume the case will go away on its own. Don’t speak to police or the prosecutor without an attorney present. Don’t plead guilty just to “get it over with.” These decisions can hurt your record for years.

Instead:

Call a defense attorney immediately
Don’t post about the incident online
Preserve any video or witness info
Show up to every court date with your lawyer

We will walk you through every step, explain your options, and fight for the best possible outcome.

Contact The Law Offices of David L. Freidberg – We’re Here 24/7

If you or someone you love is facing an obstruction charge in Chicago or anywhere in Cook, DuPage, Lake, or Will County, don’t wait. We offer free consultations and immediate help.

Call Now – The Law Offices of David L. Freidberg Is Ready to Help

If you’ve been charged with DUI in Chicago and have a medical condition that may have impacted your arrest or test results, call The Law Offices of David L. Freidberg for a free 24/7 consultation.

If you were arrested in Chicago for DUI, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.