Why Resisting Arrest is a Bad Idea
This week we in the news, an Arizona motorist was stopped and investigated by police for driving impaired due to alcohol or drugs. The suspect allegedly became angry at the line of questioning taking place during the stop. He then allegedly initiated punched one of the officers in the face, and began a physical altercation at the scene with two additional police officers.
All three officers required medical treatment for injuries that included a fractured wrist, contusions, abrasions and a concussion. The suspect was eventually restrained with a Taser gun.
The results of the suspect DUI blood testing are still pending. He was arrested on suspicion of DUI, resisting Arrest, and three counts of Aggravated Assault on police officers.
Resisting Arrest and Assaulting a Police Officer has serious consequences
Once the police make up their mind that they have “probable cause” to warrant arrest, it is unwise to show objection. You should co-operate with the routine procedures; and exercise your right to remain silent. You should never verbally abuse the officer, reach for their weapon, or touch or threaten them in anyway with or without a weapon. To do so will result in additional charges, and expose you to serious physical danger.
Resisting Arrest and Aggravated Assault on Police officers are charged as felonies, and will be added on top of any other criminal charges that were involved at that time. These are very serious offenses that can result in years in prison if convicted, but also can expose a suspect to harm, serious injury or death if an officer feels threatened.
Arizona Resisting Arrest and Aggravated Assault on Police Officer
1) Resisting Arrest – Under A.R.S. 13-2508 a person may be guilty of resisting arrest if they intentionally prevent or attempt to prevent a police officer from arresting them; threaten to use, or use physical force; or create a substantial risk of causing physical harm to that officer.
Resisting Arrest as one charge is considered a Class 6 Felony. If convicted a person will be exposed to 1.5 to 3 years in prison.
2) Aggravated Assault on Police – Under A.R.S. 13-1204 a person may be guilty of Aggravated Assault on a police officer (felony), if the person causes serious physical injury; uses a deadly weapon or instrument; causes temporary but substantial disfigurement; temporary but substantial loss, impairment, or fracture to any body part; and knows or has reason to know they were a police officer. Further, a suspect may be guilty of this offense if they knowingly take or attempt to take control of the police officers weapon.
A person guilty of aggravated assault on a police officer may be charged with a Class 2 felony. The only offense more serious than a Class 2 is a Class 1 felony reserved for homicide or murder. A Class 2 Felony may expose a defendant to 7 to 10.5 years on prison.
Criminal Defense Attorney for Resisting Arrest, and Aggravated Assault Maricopa County AZ
If you were arrested for either or both of these charges, you should always consult an assault defense lawyer in Mesa who defends cases of this nature. Your future and freedom are at stake due to the serious consequences and penalties for conviction. If retained, your legal advocate will evaluate your case; determine if there are any defenses that will have bearing on your outcome; protect your rights, and tell your side of the story. If your rights were violated, or other defenses apply, it may help lead to a dismissal or reduction in charges or mitigated sentencing.
- Arizona State Legislature – Resisting Arrest and DUI Laws
- Arizona State Legislature – Aggravated Assault on Police Officers
- Arizona Criminal Offense Sentencing Guidelines