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.

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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.

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