Phoenix Resisting Arrest Attorney

What is Resisting Arrest?

Resisting arrest is a criminal offense that may result from intentionally preventing or attempting to prevent a law enforcement officer or peace officer from making a lawful arrest. This doesn’t just include physically fighting or fleeing; you might even be charged if you resist arrest simply by stiffening your body or going limp. Resisting arrest also includes unlawful flight from a pursuing law enforcement vehicle, among a range of other scenarios.

In Arizona, a resisting arrest charge is nothing to take lightly, as a conviction can carry penalties that can affect your future in a number of ways. To challenge these charges, an experienced resisting arrest attorney like those at Belén Law Firm can assess the situation, especially if the arrest may have been unlawful or if actions were misinterpreted by the officer.

ARS Resisting Arrest

Under the Arizona Revised Statutes (ARS 13-2508), resisting arrest is defined by three main actions. A person is guilty of resisting arrest if they intentionally prevent someone they know, or should reasonably know, to be a law enforcement officer or peace officer from performing an arrest by:

1. Using or threatening to use physical force against the arresting officer,
2. Creating a substantial risk of causing physical harm to the arresting officer, or
3. Engaging in “passive resistance,” which is a nonviolent act or intentional failure to act that interferes with the arrest process.

If multiple police officers are present during an arrest, it’s important to remember that only one count of resisting arrest can be charged, regardless of the number of officers involved. However, Arizona law allows any officers present to be considered victims of the offense, giving them certain rights, including the option to decline an interview before trial. This right stems from their designation as victims under Arizona law.

Why is Resisting Arrest a Crime?

Resisting arrest is a crime because it obstructs law enforcement officers in their duties and can create unsafe situations. This criminal offense is intended to deter individuals from putting officers or themselves at risk, as such actions can escalate quickly, leading to potential harm and additional legal consequences.

Is Resisting Arrest a Felony or a Misdemeanor?

Depending on what exactly happens in your situation, resisting arrest can result in either a misdemeanor or felony conviction in Arizona. Here’s a breakdown of the classifications for resisting arrest:

• Using or Threatening Physical Force – If you use or threaten physical force against a police officer while resisting arrest, it’s classified as a Class 6 felony.
• Creating a Risk of Physical Injury to an Officer: Actions that put a police officer at a substantial risk of physical injury are also classified as a Class 6 felony, carrying similar penalties that can significantly impact your future.
• Passive Resistance: If you engage in passive resistance—such as going limp or refusing to cooperate without using force—it is considered a Class 1 misdemeanor. While less severe than a felony, a misdemeanor resisting arrest conviction can still result in jail time, fines, and other penalties.

Many actions constitute physical force or the threat of physical force. Plus, in addition to your resisting arrest charge, you may also be charged with aggravated assault in Arizona. If the police officer sustains no injuries, the aggravated assault is generally considered a Class 5 Felony. If the officer sustains injuries, even minor bruising, the aggravated assault is escalated to a Class 4 Felony.

Is Resisting Arrest a Violent Crime?

Yes, resisting arrest can be considered a violent crime, especially if it involves causing physical injury or using physical force against a law enforcement officer. Even if it is merely an attempt or threat to use force, the offense may escalate from a nonviolent crime to a violent crime, with penalties to match.

If you are facing resisting arrest charges, it’s critical to understand the implications of each classification and seek legal representation. A skilled Phoenix resisting arrest lawyer at Belén Law Firm can help protect your rights, challenge the evidence against you, and work toward reducing or dismissing the charges whenever possible.

Violently Resisting an Officer Examples

Examples of resisting an officer with violence include:

• Assuming a fighting stance or preparing to physically confront the officer
• Swinging your fist at an officer
• Physically hitting the officer with hands or fists
• Kicking an officer or attempting to kick them
• Displaying or attempting to use a weapon against the officer
• Forcefully grabbing or pushing the officer away from you or off of you
• Headbutting or attempting to headbutt the officer in close contact
• Biting or attempting to bite the officer

These actions escalate a resisting arrest charge to a more serious offense due to the element of violence, especially when they involve intentional threats or force. If you’re facing charges for violently resisting arrest, our Phoenix violent crime defense lawyers are here to put up a good fight on your behalf.

What is Resisting Arrest Without Violence?

Being charged with resisting arrest doesn’t always mean there was a violent struggle. Resisting without violence, also known as passive resistance, refers to actions that don’t involve any force or attempt to harm a law enforcement officer. Instead, it involves any nonviolent physical act like going limp, refusing to move, or other forms of passive noncompliance that interfere with an arrest but pose no risk of injury to the officer.

Resisting an Officer Without Violence Examples

Examples of resisting an officer without violence include:

• Making your body go limp or stiff
• Running from officers as they try to arrest you
• Trying to avoid handcuffs or attempting to slip out of the officer’s grasp without using force
• Tensing the body to make it harder for the officer to handcuff or restrain
• Declining to follow instructions without using threats or aggressive language
• Hiding from officers as they try to arrest you
• Refusing to open a door or using objects to block an officer’s movement

What Does a Prosecutor Have to Prove for a Felony Charge?

Penalties for felony charges in Arizona are serious and can impact you and your loved ones far into the future, so it’s crucial to have a skilled Phoenix resisting arrest attorney who ensures you aren’t overcharged. To be charged with resisting arrest at the felony level, the prosecution must prove specific elements beyond a reasonable doubt:

1. An officer, acting within the scope of their authority, attempted to detain you in a lawful arrest.
2. You knew or should have known that they were an officer acting within their authority.
3. Your actions were intentional and aimed at preventing the arrest by:
   1. using or threatening the use of physical force on the officer.
   2. performing actions that created a substantial risk of physical injury to the officer.

When facing such charges, an experienced Phoenix defense lawyer at our firm will scrutinize the prosecution’s case, challenging any weaknesses and ensuring your rights are protected throughout the legal process.

Can You Go To Jail for Resisting Arrest?

Yes, you can face jail time for resisting arrest in Arizona. The potential consequences depend on the severity of the actions involved. An experienced Phoenix resisting arrest attorney can help you reduce or challenge the charges, potentially minimizing or avoiding jail time based on the evidence and your background.

How Long Can You Go To Jail for Resisting Arrest?

The length of jail time for resisting arrest charges in Arizona depends on the specifics of the case as well as any criminal history you may have. Remember, if you resisted without violence, it is typically charged as a misdemeanor, but this can still lead to jail time if convicted. However, if violence was involved, you could be charged with a felony, which carries much harsher penalties, including a longer jail or prison sentence.

Felony Resisting Arrest

While the penalties for resisting arrest are not as steep as many other felony charges in Arizona, they can still greatly disrupt your life, especially if you have any prior convictions.

Generally, however, a felony resisting arrest charge results in a Class 6 felony, which can result in a prison sentence of anywhere from 4 months to 2 years and up to $150,000 in fines, plus any additional fees or restitution as determined by the court.

For those with prior felony convictions, you face more time in prison, higher fines, and have no chance of probation.

Misdemeanor Resisting Arrest

For charges involving passive resistance, first time offenders face a Class 1 misdemeanor, which may warrant up to six months in jail and fines up to $2,500, as well as any additional court costs or fees.

Common Defenses for Resisting Arrest in Phoenix

At the Belén Law Firm, we scrutinize every piece of evidence to analyze the facts and build a strong defense for our clients. Our team has a strong track record of successfully defending clients against resisting arrest charges by thoroughly investigating all aspects of each case, including potential constitutional violations and accounts from other witnesses. Here are some potential defenses we may use to reduce or dismiss charges:

• Self-Defense Against Unreasonable Force: If an officer used unreasonable force during the arrest, it may be a valid defense if any force used by our client was in response to protect themselves. Police officers are prohibited from using excessive force, so if your reaction stemmed from such conduct, this can be a strong defense, even if the arrest itself was legal.
• Lack of Knowledge: In situations where the arresting officer was not in uniform or failed to identify themselves, our clients may not have realized they were dealing with a law enforcement officer.
• Lack of Intent: If you pulled away or reacted instinctively to an unexpected action by an officer, without realizing you were under arrest, there may have been no intention to resist. This lack of criminal intent can serve as a defense, especially when your actions were not meant to interfere with an arrest.
• Nonviolent Argument: Expressing disagreement or questioning an officer does not constitute resisting arrest. Officers may sometimes allege resistance based on simple verbal disagreement, but your resisting arrest lawyer can argue that this is not a valid basis for a resisting charge.

By carefully examining physical evidence, questioning other witnesses, and assessing possible constitutional violations, our attorneys strive to build a solid case that protects our clients’ rights.

Do I Need a Lawyer for Resisting Arrest Charges in Arizona?

If you’ve been recently arrested and charged with resisting arrest in Arizona, it’s extremely important to equip yourself with an experienced criminal defense attorney as soon as possible. Resisting arrest charges can carry serious consequences, including jail time, fines, and a permanent criminal record that may affect your future opportunities. At the Belén Law Firm, our dedicated legal team understands Arizona law through and through and has extensive experience defending clients against various criminal charges, including both misdemeanor and felony resisting arrest cases.

When it’s your word against that of a police officer, you need an aggressive Phoenix resisting arrest attorney who will build a strong, aggressive defense to challenge the prosecution’s case. That’s exactly what you’ll get with Belén. Our legal team examines every detail, from physical evidence to police conduct, to put you in the best position for a favorable outcome. We are committed to doing everything possible to protect your rights, ensuring that your voice is heard in court and your future is protected.

Call an Experienced Phoenix Resisting Arrest Attorney at Belen Law Firm for a Free Consultation

We know how overwhelming and confusing it can be when facing charges for resisting arrest. Phoenix and the surrounding Maricopa County area don’t take these allegations lightly, and neither should you.

At Belén Law Firm, we have years of experience defending clients across Central Arizona and can put up the strongest possible defense against your charges. Plus, we offer our clients a free case evaluation to discuss their case and learn more about their legal options, so don’t wait—schedule a free initial consultation with a resisting arrest lawyer at the Belén Law Firm today!

Give us a call at (602) 715-0908 or reach out online to speak with a skilled Phoenix criminal defense attorney on our team regarding your case and let us help you take the first steps toward protecting your future.