Defending Against Resisting Arrest Charges in Will County: Penalties and Strategies in 2025

 Posted on October 19, 2025 in Criminal Defense

Resisting arrest charges in Illinois can arise from tense encounters with law enforcement, often complicating other criminal or traffic cases and leading to severe consequences. As a Joliet criminal defense attorney with over 20 years of experience, including my time as a former Will County prosecutor, I've defended numerous clients against these allegations to protect their rights and minimize impacts. At the Law Office of Jack L. Zaremba, we specialize in challenging police conduct in resisting cases, which frequently intersect with DUI, domestic violence, or traffic stops. In this blog post, we'll cover what constitutes resisting arrest, potential penalties, common scenarios in Will County, and effective defense strategies for 2025.

What Constitutes Resisting Arrest in Illinois?

Under 720 ILCS 5/31-1, resisting arrest occurs when someone knowingly resists or obstructs a peace officer performing an authorized act, such as fleeing, pulling away, or providing false information during an arrest. Simple resisting is a Class A misdemeanor, while aggravated resisting—causing injury, using a weapon, or fleeing by vehicle—escalates to a Class 4 or 3 felony. In Will County, these charges often stem from traffic stops on I-80, domestic calls, or public disturbances in Joliet, where actions like questioning officers or minor struggles can be misinterpreted as resistance.

It's important to note that the arrest must be lawful; if based on an invalid warrant or without probable cause, the charge may not hold. In 2025, with increased body camera usage, evidence review is key to identifying overreaches in enforcement.

Penalties and Consequences of Resisting Arrest

Penalties for resisting arrest vary by severity:

• Class A Misdemeanor: Up to 364 days in jail, fines up to $2,500, and probation up to 24 months.
• Class 4 Felony (Aggravated): 1-3 years in prison, fines up to $25,000.
• Class 3 Felony 2-5 years in prison for cases involving great bodily harm 

Additional consequences include a criminal record affecting employment or housing, and if vehicles are involved, license suspension under 625 ILCS 5/6-303. Repeat offenders face enhanced sentences, and charges can compound with underlying offenses like DUI, leading to revocation and reinstatement hurdles.

Common Scenarios and Defense Strategies

In my practice, resisting charges often accompany DUI arrests (e.g., refusing field tests) or domestic incidents, where emotions run high. Defenses include:

• Unlawful Arrest: Argue lack of probable cause, suppressing all evidence from the encounter.
• Lack of Intent: Prove actions were not knowing resistance, such as accidental movements or self-defense against excessive force.
• Officer Misconduct: Use body cam footage or witnesses to show exaggeration or violations of protocol.
• Plea Negotiations: Reduce to lesser charges like disorderly conduct or secure court supervision for first-timers.

Why Hire a Criminal Defense Attorney for Resisting Charges?

Resisting arrest cases hinge on nuanced interpretations of events, and prosecutorial bias toward officers makes strong advocacy essential. As a former prosecutor, I know how to dissect reports and negotiate effectively in Will County courts, protecting your freedom and driving privileges.

If you're facing resisting arrest charges in Will County, contact the Law Office of Jack L. Zaremba for a free consultation. Visit our contact page or call our Joliet office to discuss your defense in 2025. Stand up for your rights today.