For non-citizens, a criminal charge in Arizona can carry consequences far beyond fines, probation, or…
When you face resisting arrest charges under Arizona Revised Statutes (ARS) 13-2508, it’s important to understand what that means. Resisting arrest involves intentionally trying to stop a police officer from making a lawful arrest using either physical force or other actions that interfere with the process. This charge can carry serious penalties, including misdemeanor or felony consequences, depending on the situation.
We know these charges can feel overwhelming, especially if you don’t fully understand the law or what to expect. Knowing how the law works and what your rights are is a key step in protecting yourself. At Queen Creek Law Firm, we are ready to help guide you through the complexities of resisting arrest cases and work toward the best possible outcome for you.
Contact us today for a free case review.
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What is ARS Resisting Arrest?
Resisting arrest according to Arizona laws is defined as anything that prevents or delays a law enforcement official from arresting an individual. According to the Arizona Revised Statutes, there are several ways an individual can show resistance, such as physical and non-physical. Therefore, understanding these definitions will help determine what may cause a person to be charged with this offense.
The Definition of ARS Resisting Arrest
Under the Arizona Revised Statutes, a person is said to have resisted arrest when they intentionally try to stop an officer who has been legally authorized to make an arrest. A person may resist arrest by using physical force against the officer, or by performing acts that delay or impede the officer’s ability to make the arrest. Also, if a person fails to comply with an officer’s request, it may be viewed as resistance.
According to the statutes defining resisting arrest, a person commits the offense if they use or threaten to use physical force to stop an officer acting within their authority. Additionally, “passive resistance” is defined as acts that delay or impede an arrest without the use of force or violence.
An offense of resisting arrest is classified as a Class 1 Misdemeanor. As such, it carries possible penalties of jail time and/or fines. The purpose of the law is to ensure that arrests are carried out in a safe manner for both law enforcement officials and the general public.
Examples of Resisting Arrest in Arizona
Examples of resisting arrest include physically pushing an officer away, attempting to flee from an officer, or refusing to move from a location when ordered to do so by an officer. Even simply crossing your arms and not moving to block an officer from approaching you can be considered a form of “passive resistance.”
Additional examples of resisting arrest may include; grabbing an officer’s arm, pulling away from an officer, or threatening an officer. In Arizona, all of the above examples can result in a separate charge for resisting arrest, in addition to the original charge that led to the police arresting you.
| Type of Resistance | Example |
|---|---|
| Physical resistance | Struggling, hitting, pulling away |
| Passive resistance | Refusing to move, holding onto a stationary object |
Common Situations Resulting in Resisting Arrest Charges
Charges for resisting arrest are typically filed in the course of specific interactions with law enforcement, ranging from ordinary traffic stops to more chaotic public confrontations. Familiarizing yourself with the common scenarios listed below can provide insight into how these charges arise and the risks associated with each.
| Key Points | Description |
|---|---|
| Traffic Stops | Refusing orders, pulling away, or non-compliance can lead to charges. |
| Disorderly Conduct | Struggling, shouting, or passive resistance during an arrest can count as resisting. |
| Protests/Public Events | Physical or passive resistance during arrests at protests often results in charges. |
Ordinary Traffic Stops
Traffic stops are probably the most common type of encounter leading to resisting arrest charges. While police officers are generally courteous and respectful, drivers and passengers alike can become frustrated, anxious and aggressive when stopped. At times, a driver or passenger may refuse to obey lawful commands made by the officer, such as exiting the vehicle or providing identification.
At times, a driver or passenger may refuse to exit the vehicle, or they may hold onto some item that the officer is attempting to remove. These actions may be perceived as forms of resistance by the officer. It is vital to remain calm and comply with the officer’s orders. If you attempt to prevent the officer from handcuffing or detaining you, it is likely that you will be charged, regardless of whether you engage in any physical violence.
Disorderly Conduct Arrests
Arrests for disorderly conduct are frequently made in public places, especially in social settings where there is a heightened emotional atmosphere. Under these conditions, individuals may engage in various forms of resistance while being arrested, including yelling, pulling away, or engaging in physical struggle.
A person may also be charged with resisting arrest for simply refusing to leave a location after being told to do so by an officer, or if a person goes limp or refuses to move. Law enforcement officers view these types of actions very seriously, as they can significantly impact an officer’s ability to maintain order and protect the public.
Protests and Public Gatherings
Protests and other public gatherings are among the most common scenarios resulting in resisting arrest charges. During protests, police may arrest individuals for trespassing, blocking traffic, or other minor infractions.
During protests, individuals may engage in forms of resistance, including physically pushing back against the officer or refusing to allow themselves to be handcuffed. Even if an individual is simply standing still and linking arms with other people to prevent being removed by the police, it can be interpreted as resisting arrest. Due to the high level of emotion present during many public confrontations, the likelihood of charges is greater than in other situations, depending upon how the officer and protester interact with one another during the arrest process.
Arizona Penalties for Resisting Arrest
Resisting arrest is an offense that carries penalties based upon the level of the defendant’s resistance. The charges can range from a misdemeanor to a felony and each has its own set of penalties. In addition, there are additional legal and personal repercussions beyond jail time and fines.
Misdemeanor Penalties
Most commonly, resisting arrest is classified as a Class 1 misdemeanor. The misdemeanor classification occurs when the defendant resists passively i.e., the defendant does not use physical force and merely refuses to cooperate.
Possible penalties for a misdemeanor resisting arrest charge include:
- County Jail confinement: Six (6) months
- Fines: Up to $2,500
- Community service and/or Probation
The misdemeanor charge is serious, however, it is generally considered to be less serious than a felony. Many individuals charged with this type of crime will negotiate their pleas to reduce their jail sentence.
Felony Penalties
However, if the defendant uses force against an officer in order to escape or prevent his/her arrest, the charge will likely become a felony. Felony resisting arrest is defined when a defendant physically resists an officer attempting to arrest him/her.
Possible penalties for a felony resisting arrest charge include:
- Jail Sentence: One (1) to three and seventy-five hundredths (3.75) years
- Larger fines than a misdemeanor
- Longer Probation and/or Parole if released early
Felony convictions carry significant long-term ramifications concerning employment and housing. Therefore, they typically require professional assistance to defend them.
Additional Consequences
In addition to jail time and fines, resisting arrest charges can result in numerous other serious consequences. Some examples include:
- Permanent Record of Conviction which may limit job opportunities
- Suspension of Driver’s License in certain circumstances
- Increased Bail Amounts for future arrests
- Decreased credibility in future legal proceedings and/or child custody matters
Queen Creek Law Firm understands the risks and implications of resisting arrest charges and will protect your rights throughout the process.
Defenses to Resisting Arrest Under ARS
There are various defenses available when defending resisting arrest charges under Arizona law. We will evaluate the following; Did the Defendant intend to resist? Was the arrest lawful? Were the Officer(s) acting reasonably and did they employ excessive force? Evaluating these factors will assist in preserving your rights.
No Intention to Resist
A primary defense to resisting arrest charges is proving that you did not intend to resist the arrest. As stated above, to commit the offense of resisting arrest, the Defendant must have intentionally interfered with the lawful arrest of a Peace Officer. If your actions were unintentional and/or you misunderstood the Officer’s command to move, this could potentially demonstrate you did not intend to resist the arrest.
For instance, if you moved away due to fear or confusion, yet did not physically or verbally attempt to impede the Officer from arresting you, then this could demonstrate you had no intention to resist the arrest. Additionally, passive actions such as failing to move promptly may not necessarily be considered “resistance”.
We will scrutinize the evidence to determine whether the Officer’s account of the incident is consistent with your actions. If the evidence demonstrates you had no intention to resist, this could potentially aid in reducing or dismissing the charges.
Improper Arrest as a Defense
Additionally, if the arrest was unlawful, this can be a viable defense to resisting arrest charges. Arizona law prohibits interfering with a Peace Officer’s lawful arrest. Thus, if an arrest was made unlawfully, the defendant has the right to resist the arrest.
An unlawful arrest may occur when the Officer lacks probable cause for the arrest, or when the Officer violates the defendant’s rights while conducting the arrest. An example would be when the Officer makes an arrest without justification or fails to adhere to the proper procedure. In such instances, your resistance to the arrest may have been justifiable.
We will investigate the facts surrounding your arrest to determine whether the Officer had the legal authority to make the arrest. By demonstrating the arrest was unlawful, you may be able to successfully have the charges dismissed since you have the right to resist an unlawful arrest.
Excessive Force by Law Enforcement
Another viable defense is Excessive Force by Police. If the Officer employed more force than necessary to effectuate the arrest, you may have the right to protect yourself. Arizona law recognizes that some physical resistance may be a reaction to the unreasonable use of force.
This defense will require close examination of the details of the incident, including video recordings, witness statements and medical documentation. If the Officer unnecessarily struck, pushed or threatened you, your response to the incident may be deemed defensive in nature.
We will examine whether the Officer acted in accordance with the law. Establishing that the Officer acted unreasonably can create an explanation and/or justification for your response to the incident, thereby strengthening your defense.
How a Defense Attorney Can Assist
When dealing with an ARS resisting arrest charge, having the correct criminal defense attorney can significantly affect the outcome of your case. A defense attorney will thoroughly analyze the facts surrounding your arrest and provide guidance throughout the judicial proceeding and develop a defense strategy specifically designed for your case.
Analyzing the Arrest
Firstly, we will thoroughly investigate the manner in which your arrest occurred. This will include determining whether the Officer(s) had sufficient reasons to detain you prior to the arrest, i.e. probable cause. At times, Officers fail to follow proper procedures, and this can be utilized in your defense.
Additionally, we will obtain all relevant evidence, including police reports, body camera footage and/or photographs of the arrest, witness statements and medical documentation. Through obtaining this evidence, we can assess whether the Officer(s) account of the event is consistent with the actual events. Establishing errors or discrepancies in the prosecution’s case can strengthen your defense.
Improper Arrest as a Defense
If the arrest was improperly conducted, and/or your rights were violated, we will assert that the resisting arrest charges should be dismissed or reduced.
Protecting Your Rights During Judicial Proceedings
During judicial proceedings, we will ensure that your rights are protected at all stages of the proceeding. We will act on your behalf with regard to negotiations with the prosecutor to avoid damaging responses or admissions that may negatively impact your case.
You have the right to remain silent and the right to not answer questions unless you have a lawyer present. We will ensure that you are aware of these rights and utilize them to protect you.
Our function includes challenging any violations of your rights, such as illegal searches and seizures. We will also ensure that all evidence used against you was obtained properly.
Developing a Defense Plan
Once we have established the facts and rights associated with your case, we will develop a defense plan that suits your individual needs. This can often involve demonstrating that the initial arrest was improper, or that you did not effectively resist the arrest in any meaningful way.
At times, confusion or minor gestures can be misinterpreted as resisting arrest. We will strive to provide a clear presentation that supports your position.
You may also be eligible for defenses such as self-defense or arguing that the arrest was not lawful. We will examine all available defenses to minimize or dismiss charges.
Our strategy is to achieve the best possible result with the least adverse impact on your record and future.
What Actions to Take Following the Charges
Following an ARS resisting arrest charge, your actions subsequent to being charged are critical to your protection of rights and establishment of a viable defense. Controlling how you communicate regarding your case, finding the appropriate legal counsel as soon as possible, and collecting all relevant evidence related to your case are all crucial steps to establishing a solid defense.
Avoid Discussion of Your Case
Discussing the details of your arrest and/or charges with anyone other than your defense attorney can harm your case. Try to refrain from discussing your case with friends, family members, and particularly law enforcement personnel. Even small comments or admissions can be used as evidence in court.
You have the right to remain silent until you speak with an attorney. Talking too much can be misconstrued or distorted. It is advisable to wait and allow your defense attorney to address any communications involving your case. This preserves your defense and prevents you from creating any additional problems.
Seek Representation as Soon as Possible
Immediately upon being charged, seek representation from a knowledgeable criminal defense attorney. Timing is a critical element in developing your defense. Someone like Tyler M. Allen at Queen Creek Law Firm can direct you through the legal system and inform you of your rights.
Your defense attorney can begin to review the details of your arrest and the evidence collected against you. Your defense attorney can also advise you on how to proceed in responding to court appearances and handling police reports or witness statements. Seeking timely representation increases the likelihood of having your charges reduced or dismissed.
Obtain Relevant Documents
It is essential to gather all documents related to your arrest and charges. These include the police report, any video or photographic evidence of your arrest, witness statements and any medical documentation related to injuries sustained as a result of the arrest.
Organize the evidence and forward it to your defense attorney. The evidence provided can expose inaccuracies in the prosecution’s case or corroborate your account of events. The more accurate information you provide, the greater we can assist in developing your defense.
Why Choose Queen Creek Law Firm to Defend You
Selecting the most suitable defense team is paramount in addressing resisting arrest charges. We offer one-on-one attention, local knowledge, and aggressive defense techniques to safeguard your rights. Our strategy is to grasp the details of your case and to fight for the best possible resolution for your case.
Contact Queen Creek Law Firm For A Free Consultation
We offer a free initial consultation so you can discuss your case with us without any pressure. This meeting helps us learn the details of your situation and start planning your defense right away.
When you work with us, you’ll deal directly with Tyler M. Allen, the firm’s owner and lead criminal defense attorney. Tyler knows the local courts well and understands the laws in Queen Creek, which gives us an advantage in your defense.
Our team takes every case seriously and works to reduce charges or get them dismissed if possible. If you are facing resisting arrest charges, contact us early to protect your future and rights. We are ready to listen and help you move forward with confidence.
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