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Being arrested is already stressful enough, but facing additional charges for resisting arrest can make the situation feel overwhelming. Many people charged with resisting arrest in Arizona do not fully understand what the law actually says, what their rights are during an arrest, and how a criminal defense attorney can help protect them.
In this article, you will learn what resisting arrest means under Arizona law, what penalties you might face, and what you should do if you’ve been accused of resisting. We’ll also explain some common defense strategies that could help reduce or dismiss the charges altogether.
- Understanding Arizona Resisting Arrest Laws
- What Happens During an Arrest?
- Potential Penalties for Resisting Arrest
- Common Defenses for Resisting Arrest Charges
- FAQs About Resisting Arrest in Arizona
- Important Things to Remember
- How Shah Law Firm Can Help
If you or a loved one has been arrested for resisting arrest anywhere in Phoenix, Scottsdale, Tempe, Mesa, Chandler, Glendale, or surrounding cities, Shah Law Firm is here to help you understand your rights and fight for your freedom.
Understanding Arizona Resisting Arrest Laws
Under Arizona Revised Statutes (ARS) § 13-2508, resisting arrest is a crime that occurs when a person intentionally prevents or attempts to prevent a law enforcement officer from making an arrest. The law outlines several ways this can happen:
- Using or threatening physical force against the officer.
- Using any other means creating a substantial risk of causing physical injury to the officer or another person.
- Engaging in passive resistance, such as refusing to move or pulling away from the officer’s grasp.
This means that even minimal physical resistance — like pulling your arm away — can result in a resisting arrest charge.
It’s important to know that the arrest itself doesn’t have to be lawful for the charge to stick. So, even if the underlying arrest turns out to be improper, resisting that arrest can still be a separate offense.
What Happens During an Arrest?
During an arrest, officers are required to identify themselves and explain that you are under arrest. They do not always need to have an arrest warrant if they have probable cause to believe you committed a crime.
If you are being arrested, you have the right to:
- Remain silent and not answer questions beyond identifying yourself.
- Ask for an attorney immediately.
- Be free from excessive force or unreasonable physical harm.
However, you do not have the right to physically resist. Even if you think the arrest is unfair, the safest option is to remain calm, comply physically, and let your attorney challenge the arrest later in court.
Example: Imagine you’re stopped for suspected shoplifting. If you pull your arm away or try to run, you may face an additional resisting arrest charge.
Potential Penalties for Resisting Arrest
Under ARS § 13-2508, resisting arrest can be charged as either a Class 6 felony or a Class 1 misdemeanor, depending on how it allegedly happened.
- Class 6 Felony: Using or threatening physical force or creating a substantial risk of causing physical injury.
- Class 1 Misdemeanor: Engaging in passive resistance only.
A felony resisting arrest conviction can mean prison time, while a misdemeanor charge may lead to jail, probation, fines, and a permanent criminal record. Having an experienced attorney like Arja Shah on your side can be the difference between prison time and a dismissal or reduced charge.
Here is a breakdown of potential penalties:
| Charge | Level | Possible Penalties | Relevant Statute |
| Resisting Arrest (Physical Force) | Class 6 Felony | 4 months to 2 years in prison for first offense | ARS § 13-2508(A)(1) |
| Resisting Arrest (Passive Resistance) | Class 1 Misdemeanor | Up to 6 months jail, probation, fines | ARS § 13-2508(A)(2) |
Common Defenses for Resisting Arrest Charges
An experienced criminal defense lawyer like Arja Shah can help build a defense strategy that fits the facts of your case. Here are some common defenses:
- Unlawful Arrest: If the officer did not have probable cause or used excessive force, it may support an argument that your actions were not intentional resistance.
- Lack of Intent: You must have intentionally resisted. If the officer mistook your reaction — for example, pulling away out of surprise — you may have a valid defense.
- Excessive Force by Police: If police used unreasonable or excessive force, your lawyer may argue your actions were defensive rather than resistant.
- Insufficient Evidence: The prosecution must prove you resisted arrest beyond a reasonable doubt. Lack of video evidence or credible witnesses can help your case.
- Self-Defense: In rare cases, if an officer used unlawful force, you may be entitled to defend yourself.
These defenses are complex, so you should never attempt to argue them alone. Working with Shah Law Firm ensures your rights are protected at every step.
FAQs About Resisting Arrest in Arizona
⑴ Can I be charged with resisting arrest if I didn’t know I was being arrested?
Yes, but lack of awareness may help show you did not intentionally resist.
⑵ What if the police didn’t identify themselves?
If an officer failed to clearly identify themselves as law enforcement, that could support your defense.
⑶ Is resisting arrest a felony or misdemeanor in Arizona?
It depends on whether physical force or substantial risk was involved (felony) or if it was passive resistance only (misdemeanor).
⑷ Can Shah Law Firm help if I have other charges too?
Absolutely. Arja Shah defends clients against all related charges, including assault on an officer or obstruction.
⑸ What should I do if I think my rights were violated?
Contact an experienced attorney immediately. Do not discuss your case with police or prosecutors without legal counsel.
Important Things to Remember
- Resisting arrest can be a felony or misdemeanor under ARS § 13-2508.
- Passive resistance alone can still lead to charges.
- Do not physically resist, even if you believe the arrest is unlawful.
- You have the right to remain silent and ask for an attorney.
- Working with Shah Law Firm gives you the best chance to protect your record and future.
How Shah Law Firm Can Help
When you work with Shah Law Firm, you benefit from nearly 20 years of criminal defense experience and over 3,000 successful case outcomes.
Arja Shah is known for her personalized attention, deep knowledge of Arizona law, and strong working relationships with local prosecutors and courts.
We offer a free one-on-one consultation to review your case, explain your options, and develop a strategy to protect your freedom. Don’t wait until it’s too late — call Shah Law Firm at (602) 560-7408.
