Obstructing a Peace Officer or Police Officer

As a criminal defense attorney with over 32 years of experience representing clients throughout Illinois, I’ve defended countless individuals charged with obstructing a peace or police officer. These charges may seem minor at first glance, but they carry serious legal consequences and should never be taken lightly. Whether you were arrested for refusing to cooperate with a police officer during a traffic stop or accused of interfering during someone else’s arrest, understanding the law and your rights is crucial.

This page will provide a comprehensive overview of obstructing a peace officer charges in Illinois, common examples, potential penalties, and why hiring an experienced criminal defense attorney can make all the difference in protecting your future.

What Is Obstructing a Peace Officer in Illinois?

Under Illinois law, the crime of Obstructing a Peace Officer is covered under 720 ILCS 5/31-1. The statute makes it a criminal offense to knowingly obstruct, resist, or interfere with a peace officer, firefighter, or correctional institution employee while they are performing their official duties.

The Key Elements of the Crime:

To be convicted of obstructing a peace officer, the prosecution must prove the following:

1. The defendant knowingly obstructed — meaning the act was intentional, not accidental.
2. The person obstructed was a peace officer or similar official.
3. The officer was engaged in an official act at the time.
4. The act of obstruction was physical or direct — verbal disagreement alone typically doesn’t qualify.

Examples of Obstructing a Peace Officer

Obstruction charges can arise from a wide range of situations. While the law is broad, Illinois courts have clarified that simply arguing or expressing disagreement with police officers does not amount to obstruction. Here are some common real-world examples:

1. Refusing to Exit a Vehicle During a Traffic Stop

If an officer orders a driver or passenger out of a vehicle and the person refuses, this can be charged as obstruction.

2. Giving False Information

Providing a fake name, date of birth, or address to a police officer during an investigation can lead to obstruction charges.

3. Interfering with an Arrest

Trying to pull someone away from being handcuffed, physically blocking an officer’s path, or stepping in during an arrest often leads to obstruction arrests.

4. Filming the Police

While citizens have the right to record police in public spaces, standing too close or interfering physically with officers while recording may be considered obstruction.

5. Running from the Police

Fleeing the scene when an officer gives a lawful order to stop can also lead to an obstruction charge, especially if the officer is trying to conduct an investigation.

Potential Penalties and Consequences

Obstructing a peace officer in Illinois is classified as a Class A Misdemeanor — the most serious level of misdemeanor.

Penalties May Include:

• Up to 364 days in jail
• A maximum fine of $2,500
• Court supervision, probation, or conditional discharge
• A permanent criminal record

In some cases, obstruction charges can be tied to other more serious charges, such as resisting arrest, aggravated battery to a peace officer, or disorderly conduct, which can increase the potential penalties dramatically.

Long-Term Consequences:

• A criminal record that can’t be expunged or sealed in many cases
• Difficulty finding or maintaining employment
• Revoked or suspended professional licenses
• Immigration consequences for non-citizens
• Loss of gun ownership rights, depending on associated charges

Defending Obstruction Charges

Every obstruction case is unique, and many depend on subjective interpretations of an officer’s perception. Prosecutors often rely heavily on the officer’s version of events, which makes it essential to have a defense attorney who can aggressively challenge the evidence.

Possible Legal Defenses Include:

• Lack of Intent: You did not knowingly obstruct or interfere with the officer.
• No Legal Duty: The officer was not performing official duties or acted outside their authority.
• Free Speech Protections: Verbal disagreement or questioning police conduct, without physical interference, is protected under the First Amendment.
• Insufficient Evidence: The officer’s account may be unsupported by body camera footage or third-party witnesses.

In many cases, we’ve successfully argued for dismissal of charges, reduction to a civil ordinance violation, or court supervision that leaves no permanent criminal record.

Real Case Examples from Illinois

Case Example 1: Wrongful Arrest During Protest

A client was arrested during a peaceful protest for allegedly blocking police officers. Upon reviewing body cam footage, we demonstrated that the client complied with all lawful orders and was not interfering. The charges were dismissed before trial.

Case Example 2: Misunderstanding During a Traffic Stop

A young man was pulled over and panicked, providing his brother’s name instead of his own. He was charged with obstruction. After negotiations and presenting mitigating factors, we secured a plea deal for court supervision and later petitioned to expunge the record.

Why You Need an Experienced Criminal Defense Attorney

Facing criminal charges — even a misdemeanor like obstruction — can be overwhelming. Police officers are often given the benefit of the doubt in court. Without proper representation, you risk having your side of the story ignored.

As a seasoned criminal defense attorney who has handled obstruction cases in Cook County, DuPage, Kane, Lake, and across the Chicago area, I understand how these cases are prosecuted and how to defend them effectively.

What I Bring to Your Defense:

• Detailed Investigation: I obtain and scrutinize police reports, body cam footage, and witness statements.
• Strategic Negotiation: I work with prosecutors to reduce or dismiss charges whenever possible.
• Trial Experience: If necessary, I’m prepared to take your case to trial and present a compelling defense.
• Client-Focused Advocacy: I take time to explain your rights, your options, and fight to protect your future.

Take Action Now — Protect Your Record and Your Freedom

If you’ve been charged with obstructing a peace officer or interfering with law enforcement in Illinois, you need immediate legal guidance. Don’t make the mistake of thinking this is a minor issue. A conviction could impact your job, your reputation, and your future for years to come.

James Dimeas is an award-winning criminal defense attorney with decades of experience in Illinois courts. Call me today at 847-807-7405 or use the contact form on this website to schedule a free consultation. Let’s start building your defense — and taking back control of your life!