Resisting Arrest Defense

Resisting arrest is defined in A.R.S. § 13-2508. The prosecution must prove that you intentionally prevented, or tried to prevent, a person you reasonably knew to be a peace officer, acting under color of official authority, from making an arrest. The statute lists three ways this can happen:

• Using or threatening to use physical force against the peace officer or another person.
• Using any other means that creates a substantial risk of causing physical injury to the peace officer or another person.
• Engaging in passive resistance.

"Passive resistance" means a nonviolent physical act or failure to act that is intended to impede, hinder, or delay the making of an arrest. § 13-2508(C). Under A.R.S. § 13-105, "physical injury" means any impairment of physical condition, and a "peace officer" is a person vested by law with a duty to maintain public order and make arrests.

Each element matters. The statute requires intent, an arrest in progress, and a person you reasonably knew was a peace officer. If any one of those is missing, the charge may not fit the facts.

Felony resisting arrest. For a first felony conviction that is not a dangerous offense, A.R.S. § 13-702(D) sets these ranges for a class 6 felony:

The mitigated and aggravated terms require at least two mitigating or two aggravating circumstances. Prior felony convictions raise these ranges under A.R.S. § 13-703, and a dangerous-offense finding raises them under A.R.S. § 13-704. A dangerous-offense sentence under § 13-704 is not eligible for probation.

Misdemeanor resisting arrest. Passive resistance is a class 1 misdemeanor. Under A.R.S. § 13-707, jail is capped at six months, and under A.R.S. § 13-802, the fine is capped at $2,500. Surcharges are added to any fine.

A possible misdemeanor designation. Because felony resisting arrest is a class 6 felony, A.R.S. § 13-604 may apply. If the court finds a felony sentence would be unduly harsh, considering the nature of the offense and your history and character, it can enter judgment for a class 1 misdemeanor, or place you on probation and leave the offense undesignated until probation ends. This option does not apply to a dangerous offense or to a person with two or more prior felony convictions. If the offense is left undesignated and you successfully complete probation, the court must designate it a misdemeanor, subject to limited exceptions. § 13-604(C).

We get the video. Body camera footage, dash camera recordings, bystander phone video, and nearby security cameras can show what really happened. A few seconds of video can look very different from a written report.

We look at what you actually did. The class of the charge depends on which of the three paragraphs applies. Pulling an arm away in pain, stumbling, or freezing in confusion is not the same as using force against an officer. We hold the prosecution to the specific conduct it charged.

We test intent. The statute requires that you acted intentionally to prevent the arrest. Fear, a medical condition, confusion, or not understanding commands may bear on whether the evidence shows that intent.

We ask whether an arrest was being made. The offense is about preventing an arrest. We look at what the officer was doing at that moment and what was said, and whether the encounter had reached that point.

We question whether you knew it was an officer. The law requires that you reasonably knew the person was a peace officer. Plain clothes, darkness, a sudden approach, or no clear identification can matter.

We look at the whole case. Resisting arrest may be one charge among several. We review the underlying stop or call, the officers' reports, and any use of force, and we explain the options for resolving the case, which may include dismissal, a reduced charge, diversion where available, or trial.