Arizona DUI & Criminal Defense Attorney Blog
Resisting arrest is a serious criminal charge in Arizona that can carry lasting consequences, even if you believe the arrest itself was unjustified. Prosecutors often file this charge alongside other offenses like disorderly conduct, DUI, or assault. Understanding how Arizona law defines resisting arrest can help you avoid making your situation worse and may even help you beat the charge entirely.
If you are facing this accusation, you need to take the situation seriously. A conviction can result in jail time, a criminal record, and problems with employment or licensing. Working with a criminal defense attorney early in the process gives you the best chance to protect your rights and challenge weak or exaggerated claims by law enforcement.
Arizona’s Resisting Arrest Law Explained
Under Arizona Revised Statutes § 13-2508, resisting arrest is defined as intentionally preventing or attempting to prevent a police officer from making an arrest. There are three main ways this law is typically enforced:
- Using or threatening to use physical force against the officer
- Using any other means that create a substantial risk of causing physical injury
- Passively resisting by refusing to comply with verbal commands or physically going limp during the arrest
Arizona law does not require the officer to have a valid reason for the arrest in order to charge you with resisting. That means you can still be prosecuted even if the underlying charge is dismissed. This is one of the reasons the law is so frequently misused or over-applied.
How Police Misinterpret Resistance During an Arrest
Arrests are chaotic and stressful. In many situations, someone accused of resisting arrest may have simply been confused, scared, or trying to ask a question. Officers may interpret hesitation, flinching, or attempting to pull away as resistance, even if there was no intent to interfere.
This is especially true when an arrest involves multiple officers or physical restraint. A person who instinctively braces against being pushed to the ground or who reacts defensively during a takedown may be charged with resisting arrest, even if they never struck or threatened anyone.
In some cases, resisting arrest charges are used to justify excessive force or to shield officers from misconduct claims. That makes it essential for your attorney to review all available video footage, police reports, and witness statements.
Potential Penalties for Resisting Arrest in Arizona
Resisting arrest involving physical force or risk of injury is classified as a class 6 felony. Penalties can include:
- Up to 2 years in prison for a first offense
- Fines and court costs
- Probation with restrictive terms
- A permanent felony record
If the charge is based on passive resistance, such as refusing to stand up or comply with verbal commands, it is a class 1 misdemeanor. That still carries:
- Up to 6 months in jail
- Up to $2,500 in fines
- Probation and community service
Any conviction for resisting arrest can be used against you in future interactions with law enforcement, court proceedings, or employment background checks.
How a Criminal Defense Attorney Can Help
Fighting a resisting arrest charge begins with challenging the officer’s version of events. A criminal defense attorney can request all police body camera footage and compare it to the written reports. Inconsistencies may be used to show that the officer’s description was exaggerated or inaccurate.
Your attorney can also determine whether the arrest itself was unlawful, even if that does not excuse resistance. If the officer used unreasonable force or failed to follow department policies, that information may support a request to reduce or dismiss the charge.
Plea negotiations are also common in these cases. If the physical force was minimal or there were mitigating factors—such as confusion, mental health issues, or poor communication—a skilled defense lawyer may be able to negotiate for a lesser offense, diversion, or even dismissal.
Call a Criminal Defense Lawyer in Arizona If You Are Facing Resisting Arrest Charges
Resisting arrest is a charge that often relies on an officer’s interpretation rather than hard evidence. You deserve a strong defense and a legal team that will demand full accountability from the prosecution.
At The Law Office of James E. Novak, we fight to protect your rights in cases involving resisting arrest, disorderly conduct, assault on police, and other charges tied to police interactions. Attorney Novak will review every detail of your case and help you push back against unfair or unsupported allegations.
Call (480) 413-1499 today to schedule your free consultation. We are here to help you protect your record, your freedom, and your future.