What Happens If I’m Charged With Resisting Arrest in AZ?

Being charged with resisting arrest in Arizona can be overwhelming as you face time behind bars, hefty fines, and a permanent criminal record. Understanding the potential penalties of this charge is essential. Given the stakes, it’s in your best interest to connect with a dedicated Tempe Criminal Lawyer who can help safeguard your rights. 

What is Resisting Arrest in Arizona?

Under A.R.S.§13-2508, an individual is guilty of resisting arrest by “intentionally preventing or attempting to prevent a person reasonably known to him to be a peace officer, acting under color of such peace officer’s official authority, from effecting an arrest by: using or threatening to use physcal force against the peace officer or another, using any other means creating a substantial risk of cauing physical injury to the peace officer or another, or enaging in passive resistance (nonviolent physical act or failure to act that is intended to impede, hinder, or delay the effecting of an arrest).”

Common examples of resisting arrest include: 

• Struggling with an officer (shoving, kicking, biting, or fighting)
• Attempting to escape an arrest or avoid being handcuffed
• Going limp or refusing to move when ordered
• Officers are threatened or intimidated 
• Creating a risk of injury during an arrest

Verbal acts, disagreements, and profanity are typically considered protected speech and don’t constitute resisting arrest. However, if you threaten physical force or verbal defiance is paired with passive actions can be charged with resisting arrest. 

What Are the Potential Penalties? 

The categorization of a resisting arrest charge in Arizona depends on the unique circumstances of the incident. In most cases, the charge is prosecuted as a felony if the defendant used force against the officer or created a risk of injury during the arrest. Conversely, less severe actions, such as non-violent interferences, are usually classified as misdemeanors.

The severity of the penalties you’ll face upon conviction depends on the specific facts of the case. Potential consequences include:

• Passive Resistance: This crime is categorized as a Class 1 misdemeanor, characterized by a nonviolent action like pulling away or failing to act. This offense is punishable by up to 180 days behind bars, 3 years of probation, and fines/surcharges of $4,500. 
• Active or Forceful Resistance: This crime is categorized as a Class 6 felony, occurring when an individual uses or threatens physical force against an officer or creates a substantial risk of injury. This offense is punishable by up to two years behind bars and fines up to $150,000 plus surcharges, potentially reaching $274,500. 

It should be noted that with prior felonies, the penalties will increase to 9 months to 5.75 years behind bars, depending on other aggravating factors. Additionally, the court has the authority to order restitution to officers for medical bills or damaged property, and community service. 

Contact a skilled Tempe criminal lawyer from The Weingart Firm, PLLC for a free initial consultation today.