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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Order of protection violation in Arizona

Violation of a Restraining Order or Order of Protection in Arizona

Violating a restraining order in the state of Arizona is a serious charge that comes with serious repercussions, including fines, potential jail time, and even criminal charges. But before we discuss exactly what happens if you do violate an order of protection in Arizona, let’s first talk a little bit about what they are, what the implications are, and why you may have been ordered to stay away from a specific person or other entity in the state of Arizona.

What Exactly is a Restraining Order or Order of Protection in Arizona?

The state of Arizona defines a restraining order as an order of protection, offering protection from one individual to another against any potential acts of abuse of any kind, harassment, or other violations of the protection order holder’s rights and freedom of movement. Orders of protection are served to those defendants who the criminal court has decided could be a danger to the holder of the order of protection, and this could be simply based on that person’s fear of you or what you may do if the two of you come into contact.

Orders of protection can be served both to those who know one another well as well as to those who are strangers or virtual strangers to one another based upon the circumstances of the record of potential harassment. In Arizona, you can be served with an order of protection, an emergency order of protection, an injunction against harassment, or an injunction against workplace harassment — which one you are served with will depend on the circumstances surrounding the reasons for the order in the first place.

Who Can Have an Order of Protection Filed Against Them in Arizona?

This is an important question with a variety of disparate answers. In the state of Arizona, an order of protection can be served to any of the following people:

  • A current or former husband or wife (spouse or ex-spouse)
  • A person with whom you have lived, shared a household, been roommates, or cohabitated as an unmarried couple
  • Any person with whom you have had or currently have a romantic and/or sexual relationship as defined by Arizona law
  • A person who impregnated another person, or with whom you have a child or children in common
  • Any relative of any kind, including the relatives of a current or former husband or wife (spouse or ex-spouse’s relatives), including your own parents, grandparents, in-laws of any kind, or siblings and step siblings

Click to Learn More about order of protection violations in Arizona…

Hire Disorderly Contact Conduct Charges Defense in Mesa

By taking the time to hire a disorderly conduct charges defense team in Mesa, you can ensure you’re represented the way that you deserve. At Shah Law Firm PLLC, we have a proven track record of success defending individuals facing charges like yours. We begin preparing for your case immediately after you hire us, working diligently to protect your rights every step of the way. With years of experience, you can be assured that your case and livelihood is in good hands..

Understanding Disorderly Conduct

Disorderly conduct is a misdemeanor criminal charge in Arizona. It is one of the more serious non-felony crimes and requires the expertise of a disorderly contact charges defense attorney. This charge includes engaging in violent or disruptive behavior, making unreasonable noise, disturbing the peace, using offensive language to provoke someone, or refusing to obey a lawful order, to name a few instances. At Shah Law Firm PLLC, our team is familiar with disorderly conduct laws and can represent those facing these charges in and around Mesa, Arizona.

Why You Need to Hire a Defense Attorney

It’s important to speak with an experienced criminal defense attorney after you’ve been arrested and charged with disorderly conduct in Arizona. When you choose Shah Law Firm PLLC and our disorderly conduct charges defense team to represent you, you can be sure you will receive the legal representation that you deserve. We understand the law and can investigate your case thoroughly to determine whether or not your charges are viable. If you’ve been wrongfully charged, we can determine the best defense to get you reduced and/or dismissed charges.

We offer no-cost legal consultations to potential clients in Mesa. During this conversation, we can discuss the specifics of your case and answer any questions you may have about the upcoming legal process. To schedule this consultation, call our Arizona law office today at (602) 888-0369.

We serve individuals in Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, Arizona.

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