Chicago Criminal Lawyer Blog
If you’ve ever found yourself in a heated moment with law enforcement—whether during a traffic stop, protest, or even an unexpected visit to your home—you know how quickly things can escalate. In Chicago and throughout Illinois, police are quick to assert control over a situation. When emotions run high, it’s not uncommon for those interactions to lead to criminal charges, especially for offenses like resisting arrest or obstruction. But while the terms are often used interchangeably by police, the legal system treats them very differently.
Knowing the difference could mean the difference between a manageable situation and a life-changing criminal conviction. That’s why, if you’ve been accused of either offense, it’s important to understand how Illinois law defines each charge—and how an experienced trial attorney can protect your future.
What Illinois Law Actually Says About These Charges
Under 720 ILCS 5/31-1, Illinois criminalizes both resisting arrest and obstructing a peace officer in the same statutory section. The statute prohibits anyone from knowingly resisting or obstructing the performance of any peace officer (or firefighter or correctional employee) in their official duties. But the courts make a critical distinction between the two behaviors.
Resisting arrest generally involves some form of physical opposition—pulling away from an officer, fleeing the scene, stiffening during handcuffing, or using force to prevent being detained. The emphasis is on physicality.
Obstruction, on the other hand, can be non-physical. It includes providing false identification, delaying an investigation, or interfering with officers through speech or passive conduct—like standing in a doorway and refusing to move.
Both offenses are typically charged as Class A misdemeanors, which means up to 364 days in jail and fines of up to $2,500. But if the alleged resistance results in injury to the officer, prosecutors may file a Class 4 felony, which carries a possible sentence of 1 to 3 years in the Illinois Department of Corrections.
The line between these two charges can be thin. What an officer sees as “refusal to comply” may be a person trying to understand their rights. What they label as “resistance” may just be instinctive fear or confusion. And unfortunately, in Cook County and surrounding areas, these types of charges are often used to justify an arrest that might otherwise have no legal basis.
The Real-Life Consequences Of A Charge—Even Without A Conviction
A lot of people hear “misdemeanor” and think they can handle it on their own. They figure they’ll go to court, explain their side, and everything will be fine. That’s a serious mistake.
Any criminal conviction—even a misdemeanor—will create a permanent record. That record can impact employment, housing, professional licensing, and immigration. You can’t seal or expunge a conviction unless the case ends in dismissal or acquittal. And prosecutors rarely give second chances to defendants who show up without counsel.
Worse, a conviction for resisting or obstruction suggests you’re uncooperative with authority. That label can follow you for years, especially if you’re ever charged with another offense. In courtrooms across Illinois, prosecutors and judges review prior charges when setting bond or negotiating plea offers. Even one conviction can alter the way your case is handled in the future.
We often see clients in our Chicago criminal defense office who plead guilty without understanding the long-term consequences. Then they call us when it’s too late to fix the damage. Don’t make that mistake. You need someone on your side from day one.
How Police Build These Cases—And What We Do To Tear Them Down
Resisting and obstruction charges are usually based on arrest reports and officer testimony. Officers often claim they were “impeded” or “hindered,” but the language in their reports is usually vague and one-sided. The burden is on the prosecution to prove that the accused knowingly interfered with official duties—and that’s not always easy.
We start by demanding all available video: bodycams, dash cams, business surveillance, even bystander cellphone footage. We compare every frame of footage with what’s written in the police reports. If there’s a discrepancy, we raise it immediately in court.
In one memorable case, a client was arrested in Logan Square after asking police why his brother was being detained. Officers claimed he “stepped into their space” and “refused commands.” But our investigation showed he was standing on the sidewalk—10 feet away—recording on his phone. When we presented the video to the prosecution, they dropped the case before the first court date.
That’s the kind of result you get when you retain a lawyer who knows how to dig deep—and fight hard.
Trial Experience Matters—Even When You Don’t Think You’ll Go To Trial
Most people don’t plan to take their case to trial. But the best plea deals—and the strongest motions to dismiss—come from attorneys who prepare as if every case will end up in front of a jury. Prosecutors respect that. They know which attorneys show up to fight, and which ones fold under pressure.
At The Law Offices of David L. Freidberg, we prepare every resisting or obstruction case for trial from the beginning. We analyze the officer’s training, examine every piece of discovery, and develop a defense theory that aligns with the facts. Whether it’s arguing a lack of probable cause, mistaken identity, or asserting a First Amendment defense, we’re ready to stand up and tell your side of the story—loudly and clearly.
Our trial track record includes dozens of dismissals and not-guilty verdicts in resisting and obstruction cases throughout Cook, Will, DuPage, and Lake Counties. And while most cases are resolved before trial, it’s our readiness to go the distance that forces prosecutors to take our clients seriously.
Don’t Go Into Court Alone—Here’s Why You Need Representation Immediately
From the moment you’re arrested, the clock starts ticking. Prosecutors are building their case. Police are writing reports. Evidence is being gathered—or worse, lost. You need someone who can step in immediately to protect your rights.
A skilled defense attorney can often prevent charges from being filed in the first place. If the case has already begun, we work to get it dismissed, reduced, or diverted into a program that avoids a conviction. We’re there at every stage—bond hearings, discovery disputes, motion practice, trial prep, and, if necessary, sentencing.
Without representation, you’re left trying to defend yourself against trained prosecutors in a system that’s not designed for fairness—it’s designed for convictions. Don’t take that chance.
Call The Law Offices of David L. Freidberg Today
If you’ve been arrested for resisting or obstructing a peace officer in Chicago or the surrounding counties, take action now. These charges carry real consequences, and you need a defense strategy that puts your best interests first.
At The Law Offices of David L. Freidberg, we bring decades of courtroom experience to every case. We fight aggressively to protect your rights, your freedom, and your future.
If you were arrested in Chicago, 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.
