Being arrested is not a fun experience, and it can be a natural reaction to resist confinement. However, resisting arrest can range from a class 1 misdemeanor to a class 6 felony, depending on the amount of resistance.
A.R.S. 13-2508 states that a person is guilty of resisting arrest in Arizona if that person:
Uses or threatens the use of physical force against a police officer.
Uses other means to create a substantial risk of causing injury to a police officer.
Engages in passive resistance.
A person who violates paragraphs 1 or 2 of this section is guilty of a class 6 felony. A person who violates paragraph 3 of this section is guilty of a class 1 misdemeanor.
A class 6 felony conviction comes with a 6-18 month prison sentence and a class 1 misdemeanor conviction comes with a maximum sentence of 6 months in jail.
A resisting arrest charge is a crime that is tacked onto whatever crime you were originally arrested for. If you’re facing a resisting arrest charge in addition to another criminal charge, it would be in your best interest to contact a skilled criminal defense attorney Charlie Naegle to discuss you matter and defense options for legal representation. There may be defenses you are not aware of that apply to your case. If your constitutional rights have been violated, and it is material to your charges. This can result in suppression of evidence, and lead to case dismissal. Call now to schedule your free consultation at 602-663-9958.