What is the penalty for resisting arrest in Phoenix?

by Aaron Black • November 02, 2017
Resisting Arrest in Phoenix, AZWhen you think of resisting arrest, often the first thing that comes to mind is running from an officer or using a weapon against a Police Officer. The fact of the matter is that you can be charged with resisting arrest by merely refusing to be handcuffed. Regardless, resisting arrest it is considered a felony in Phoenix, AZ.

A.R.S. 13-2508

According to Arizona Revised Statute 13-2508 a person commits 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 physical force against the peace officer or another.
     
  • Using any other means creating a substantial risk of causing physical injury to the peace officer or another.
     
  • Engaging in passive resistance. "Passive resistance" means a nonviolent physical act or failure to act that is intended to impede, hinder or delay the effecting of an arrest.
Please note that regardless of whether the attempted arrest was legally justified or irrelevant you can still be charged with resisting arrest

Defying arrest penalties in Arizona

The charges for challenging an arrest are dependent on whether or not you have a prior felony conviction(s).

If you have no prior felonies, the punishment can result in one of three things.
  • Up to 3 years of probation
     
  • Up to three years of probation and up to one year in county jail
     
  • .33 - 2 years in prison
If the accused has a prior felony conviction that is allegeable, then imprisonment would be mandatory.
  • If the accused has one prior felony, the prison sentence is .75 - 2.75 years
     
  • If two or more priors the prison sentence is 2.25 - 5.75 years
Passive resistance is a misdemeanor. You could face up to 6 months in jai, $2500 in fines, and three years of probation.

If you have been charged with resisting arrest it is imperative that you seek legal counsel with a criminal defense attorney in Phoenix.

Experience matters

If you are facing criminal charges, don’t risk your freedom. Aaron Black is dedicated to protecting your rights and will “Deliver Justice and Defend Your Freedom.”
I personally represent each of my Clients putting my extensive history of successful criminal defense to work to obtain the best possible outcome. As a leading Maricopa County criminal defense attorney, my focus is on defending individuals charged with serious crimes that carry life-altering punishments and ramifications.

For a criminal defense attorney in Phoenix who is focused on defending serious criminal offenses, click here to contact Aaron Black or call to set up a free consultation today 480-729-1683.
 

About the Author

Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
 
In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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