Resisting arrest in Arizona: ARS 13-2508

What is Considered Resisting Arrest by Police in Arizona?

In Arizona, there is actually a statute that defines what it means to resist arrest — lawmakers did this to ensure there would be no confusion in the courtroom after an arrest has been made, as resisting arrest is often a charge that is added to, or that happens in addition to, other charges at the same time.

Arizona Revised Statute 13-2508: Resisting Arrest in the State of Arizona

According to Arizona Revised Statute (ARS) 13-2508, resisting arrest in Arizona is defined as the act of intentionally preventing an arrest by either:

  1. Using or threatening to use physical force
  2. Creating substantial risk or physical injury
  3. Passively resisting an arrest through nonviolent physical means in a manner meant to impede, delay, or otherwise hinder an arrest

Passive Resistance of Arrest

Because it is one of the most common forms of resisting arrest today, and because peaceful resistance of arrest is known as a tool of protestors and others during the course of exercising their First Amendment right to free speech, it is important to understand passive resistance to arrest.

Passive resistance can mean more than one thing, but it is important to understand that the same rules for resisting arrest that apply to someone violently resisting through physical harm to authorities will also apply to someone who is peacefully resisting. And, in the courtroom, an Arizona judge is not likely to note the difference between a peaceful resistance and a physical revolt against arrest, with the only obvious difference — which would result in further charges — being resisting arrest in a violent manner that resulted in an injury or injuries to one or more police officers or other authorities.

A peaceful or nonviolent resistance to arrest can simply mean failure to act when told you are under arrest, refusing to put your hands behind your back, refusing to get out of your car or move from a specific physical space when an officer or other authority has commanded you to, or “dead weighting” your body in such a manner that arresting you and moving you from where you are on the street or another public space into a patrol car is exceedingly difficult for authorities.

ARS 13-2508 Includes Quite a Bit of Unclear Language

While Arizona law does have a specific statute for resisting arrest as noted above, Arizona Revised Statute 13-2508 is difficult to pin down, not only for officers and citizenry, but even for the courts and judges themselves. The statute contains a lot of room for interpretation — or misinterpretation — that makes it incredibly broad, far reaching, and frankly, that gives both the state and the person who allegedly resisted arrest a good amount of wiggle room.
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Shannon's Law illegally discharging a firearm in Arizona

Shannon’s Law & Unlawful Discharge of a Firearm in Arizona

Shannon’s Law is legislation that was passed in the state of Arizona that makes it illegal to discharge a firearm anywhere within the city limits of any city or town within the state of Arizona.

The law was passed in response to the 1999 gun-shooting tragedy that ended the life of Shannon Smith. As the story goes, Shannon Smith was casually walking around the back yard of her Central Phoenix home when suddenly, a bullet that had been fired into the air more than a mile away from her location struck her in the head and killed her.

Shannon Smith’s parents fought and won to create Shannon’s Law in a grassroots effort that included a veritable who’s who among Phoenix area prosecutors, politicians, area citizens, and law enforcement officials, among others, who wanted to see the legislative change that would restore peace in the Phoenix Metropolitan area, making it illegal to fire any type of gun or rifle into the air in an effort to avoid future tragedies such as the one that tragically took the life of Shannon Smith.

Known legally as Arizona Revised Statute (ARS) 13-3107, enacted in 2000, Shannon’s Law makes it a felony for anyone, according to the law, “who, with criminal negligence discharges a firearm within or into the limits of any municipality” within the state of Arizona.

Not Every Discharge of a Firearm is a Felony in the State of Arizona

While it is true that Shannon’s Law makes it unlawful to discharge a firearm, it only does so when, according to the Shannon’s Law legislation, that person does so with criminal negligence, which may not always apply in every case. To prove this and obtain a misdemeanor charge instead of a felony charge, you may have to strike a plea bargain, but in the state of Arizona, these are relatively rare.

It’s important to understand that, because of the notoriety Shannon’s law received upon its passage, and because the law provides for mandatory sentencing, cases that fall under its purview are prosecuted with relative aggressiveness when compared to other, similar offenses within the state of Arizona, and especially within the Greater Phoenix Metro Area.

However, the important exceptions to Shannon’s Law that some people may not be aware of include shooting that occurs within supervised outdoor shooting ranges, areas where hunting is permitted, and select other designated areas in and around Phoenix and other parts of the state of Arizona.

Illegally discharging a firearm and understanding Shannon's Law in Phoenix
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Why Having Aggravated Assault Charges Defense in Tempe is Important

Facing aggravated assault charges is not easy. Violent offenders in Arizona face harsh penalties when they’re convicted. This is why it’s so important to hire aggravated assault charges defense from Shah Law Firm PLLC immediately after being arrested and charged. At Shah Law Firm PLLC, we fully understand all Arizona assault laws and can uphold them in all legal proceedings.

Violent Offense Laws in Arizona

In Arizona, most violent crimes are felonies and can lead to hefty fines, jail or prison time, and even years of probation, thus affecting your ability to live a normal life. This makes it essential to hire expert legal representation from Shah Law Firm PLLC. Our team of aggravated assault charges defense experts can investigate your case closely to determine the best possible defense strategies for you.

Schedule a Free Legal Consultation Today with Our Aggravated Assault Charges Defense Team

If you’ve been arrested and charged with aggravated assault charges in Tempe, you need to contact our Arizona law firm quickly. We offer no-cost legal consultations to those facing charges and needing legal representation. During this consultation, we can discuss the details of your case and answer any questions you have about the upcoming legal process.

To schedule this important consultation with our aggravated assault charges defense lawyer team, call us at (602) 888-0369. We serve individuals in Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, Arizona.

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