Tucson Resisting Arrest Defense

Defending a Resisting Arrest Charge in Arizona

Resisting arrest is a fairly common charge in Tucson, and is often accompanied by other charges.  During an arrest, it is important to follow police instructions.  Not complying with a police order can result in additional charges, and is a major safety risk.  In Arizona, resisting arrest can be active, or passive, so simply not following instructions can lead to additional criminal charges. 

Under Arizona law, a person is guilty of resisting arrest if they intentionally prevent, or attempt to prevent a peace officer from arresting someone by using/threatening force, otherwise creating a risk of injury to the officer or another person, or engaging in passive resistance.  If resisting involves the use of force, threat of force, or otherwise creates a substantial risk of causing physical injury, resisting arrest is a Class 6 felony.  In cases where the only resisting is "passive resistance" the charge is instead a Class 1 misdemeanor.  Passive resistance can be as simple as tensing up, or failing to stand up and cooperate with arresting officers.  As a felony, resisting is punishable by up to a year in prison for a first time offender, whereas a misdemeanor is punishable by up to 6 months in jail, 3 years of probation, and a fine of up to $2500.  Even if initially charged with a felony, a defendant may be able to avoid this and be convicted only of a misdemeanor charge.

The accused must have reasonably known that the person making the arrest was a peace officer acting in their official capacity.  This means that a person will not be guilty of resisting arrest under circumstances where the person attempting the arrest has not made clear that they are law enforcement, or is not acting in their official capacity.  It is possible to be charged with resisting arrest even if no other crime was committed.  Accessing body worn cameras, surveillance footage, and getting thorough statements from witnesses are essential in these cases, and have revolutionized criminal defense.

DEFENSES IN RESISTING ARREST CASES
Lack of Intent - The government has to prove the defendant intended to prevent an officer from effecting arrest, and is aware of the legitimate law enforcement purpose being carried out.  Additionally, quick, reflexive actions may not qualify as intentional if argued.
Self-Defense - If a person resists arrest in response to excessive government force, it is not a crime.
False Accusations - Police may lie and fabricate resisting arrest charges.  This is especially common as police may seek to justify an arrest, punish perceived dissent, and cover up their own improper use of force.

RELATED OFFENSES
Assault on a Police Officer - Any assault on a police officer is an aggravated assault, and therefore a felony under Arizona law.  If the assault results in an injury, or death, it can lead to extremely serious consequences.
Unlawful Flight - Purposely fleeing from a pursuing police vehicle is a Class 5 felony in Arizona. 
False Reporting - Knowingly making a fraudulent or unfounded report or statement or knowingly misrepresenting a fact for the purpose of interfering with a police operation is a Class 1 misdemeanor.

Resisting arrest charges are serious, and can be part of an already serious case, depending on the reason for the original arrest.  If you or a loved one is facing resisting arrest charges, know that there are defenses, and our modern technological times have turned the tables on a lot of resisting arrest cases.  With thorough investigation, effective cross-examination, and strong advocacy, resisting arrest cases, and other criminal charges are winnable.  Contact the Tucson Defender today for a FREE CONSULTATION with a Tucson Criminal Defense Attorney to discuss your case, and see if we can help you reach your goals in your case.  520-585-5757.

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Pima County Superior Court
Tucson City Court
Pima County Justice Court

AZ Resisting Arrest Statute (ARS 13-2508)
Tucson Police Department
Pima County Sheriff