Resisting Arrest Lawyer Phoenix

What is Resisting Arrest?

Resisting arrest in Phoenix, Arizona, means knowingly preventing or attempting to prevent a law enforcement officer from lawfully arresting you. This can include actions like struggling, running away, or using force to avoid being detained. Under Arizona law (A.R.S. § 13-2508), resisting arrest is considered a crime, and it can be charged as a misdemeanor or felony depending on the level of force used. Even if you believe the arrest is unfair, resisting can lead to additional charges and penalties.

Resisting Arrest Definition

In Arizona, according to ARS 13-2508 on resisting arrest, there are three ways that a resisting arrest charge can be committed.

1. Using or threatening physical force against an officer – Class 6 Felony
2. Creating a substantial risk of causing physical injury to an officer – Class 6 Felony
3. Passive resistance – Class 1 Misdemeanor

Even if multiple officers were involved in trying to arrest you, you can only be charged with one count of resisting arrest. But, currently, Arizona law allows all of the officers whom you resisted to be designated victims of your single charge of resisting arrest. This means that the officers can refuse to be interviewed before trial because of their rights as victims

Felony Resisting Arrest

A felony resist arrest charge pursuant to ARS 13-2508, requires the prosecution prove that:

1. A peace officer, acting under official authority, sought to arrest you; and
2. You knew, or had reason to know, that the person seeking to make the arrest was a peace officer acting under color of such peace officer’s official authority; and
3. You intentionally prevented, or attempted to prevent, the peace officer from making the arrest by:

using or threatening to use physical force against the peace officer or another person, or using any other means creating a substantial risk of causing physical injury to the peace officer or another person.

Using or threatening to use physical force. You can be convicted of resisting arrest when you use or threaten to use physical force against peace officers trying to arrest you even if the officers were not injured or not at risk of injury. So, even “minor scuffling” can be considered resisting arrest when you use physical force.

Resisting Arrest Examples:

• Kicking or trying to kick officers as they attempt to arrest you.
• Pushing an officer off of you when he is trying to handcuff you.
• Swinging a fist at an officer when he is trying to arrest you.

If you are charged with resisting arrest based on using or threatening to use physical force against an officer, then you will typically also be charged with committing aggravated assault on the officer. When there are no injuries to the officer, then the aggravated assault is a Class 5 Felony. When there is an injury to the officer (even a minor cut or bruise), then the aggravated assault is a Class 4 Felony.

Substantial risk of causing physical injury. If you did not use or threaten to use physical force, then there has to be a substantial risk of causing physical injury to the officer (or another person who is present) for your actions to be considered resisting arrest. Substantial risk of physical injury does not mean substantial danger to the officer. It only means substantial risk of impairment of a physical condition.

Examples:

• You lie down in the road on your stomach with your arms under your body to prevent officers handcuffing you, while cars drive past.
• As an officer tries to handcuff you, you shout to a crowd of bystanders for help and someone throws a beer bottle that shatters and sprays glass on the officer

Misdemeanor Resisting Arrest

In 2012, Arizona added passive resistance to ARS 13-2508 and added another way a person can be charged with resisting arrest. It is classified as a less serious misdemeanor offense because passive resistance does not involve any use of force against or any risk of injury to peace officers. This means individuals can now be charged with resisting arrest without violence, simply by passively failing to comply with an officer’s commands during an arrest.

Misdemeanor resisting arrest requires the prosecution prove that:

• A peace officer, acting under official authority, sought to arrest you; and
• You knew, or had reason to know, that the person seeking to make the arrest was a peace officer acting under color of such peace officer’s official authority; and
• You intentionally prevented, or attempted to prevent, the peace officer from making arrest by engaging in passive resistance.

Passive resistance. This means a nonviolent physical act or failure to act that is intended to impede, hinder, or delay the effecting of an arrest.

Examples of passive resistance include:

• Making your body go limp to make it difficult for the officers to arrest you.
• Running away from officers trying to arrest you.
• Hiding from officers who are trying to arrest you.
• Not opening the door when officers are trying to arrest you.

Resisting Arrest Sentence

Felony resisting arrest is a Class 6 Felony. If you have no prior felony convictions, then your resisting arrest sentence could be:

• Probation, with anywhere from 0 days in jail to 12 months in jail.
• Prison is also a possibility, but not likely for a first-time offense. A prison sentence ranges from 4 months in prison to 2 years in prison.
• If you have prior felony convictions, then you face more time in prison and probation is not an option.

Misdemeanor resisting arrest or passive resistance is a Class 1 Misdemeanor. If convicted, you could be sentenced to:

• Probation, with anywhere from 0 days in jail to 6 months in jail.

How to Get a Resisting Arrest Charge Dropped?

If you’re facing charges for resisting arrest, getting those charges dropped requires a strong legal strategy. A skilled Phoenix resisting arrest attorney can review the circumstances of your arrest, identify if law enforcement acted improperly, and build a defense based on a lack of intent or excessive force used against you. By challenging the evidence and negotiating with prosecutors, your resisting arrest defense attorney may be able to reduce or dismiss the charges entirely.

Defenses To Resisting Arrest Charges In Arizona

The best way to get an Arizona resisting arrest charge dropped is to show the prosecutor or judge that the officer used excessive force. This negotiating tactic should be used carefully as giving over defense evidence at the wrong time may allow the prosecution to fix any problem they have with their case – contact an experienced Phoenix criminal defense attorney beforehand. Other possible defenses include:

Self-Defense Against Excessive Force.

Peace officers are not allowed to use unnecessary or unreasonable force in making an arrest. It is a defense to use or threaten the use of physical force against an officer to resist arrest when the officer uses excessive force. This is a defense, even if the arrest is legal.

Lack of Knowledge.

This is when you had no reason to know that the person trying to arrest you was a peace officer. For example, maybe the peace officer was off duty, not in uniform, and did not identify himself as a peace officer to you before trying to arrest you.

Lack of Intent.

This is when your actions were not done with the intent to prevent a peace officer from arresting you. For example, you pull away from a peace officer when you have no reason to believe that you are under arrest and the officer just grabs you and tries to handcuff you, without saying anything.

Mere Argument or Criticism.

Mere argument or criticism of a peace officer by itself is not enough to convict someone of resisting arrest. This is a common defense in misdemeanor cases.

Resisting Arrest Defense Attorney

It’s important to have an experienced and skilled Phoenix resisting arrest defense attorney on your side when faced with a resisting arrest charge in Arizona. You need to ensure that your charge of resisting arrest was not made because an officer needed to justify his use of force against you. These situations often turn into your word against the word of the police officer. In these cases, it is absolutely necessary to have an experienced resisting arrest defense lawyer to undermine the credibility of the officer and ensure the best defense possible. Contact the resisting arrest lawyers at Feldman & Royle for a free consultation to discuss your case today.