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Resisting arrest charges in Arizona generally occur when an individual attempts to prevent law enforcement from effectuating an arrest upon them. If you face a resisting arrest charge, whether on its own or top of another crime, contact Rosenstein Law Group to learn your legal options. Our attorneys have the experience and legal advocacy you need on your side as you face these charges. Contact our office online by filling out a case evaluation form here or calling (480) 248-7666.
Fleeing a police officer or resisting arrest can quickly turn a bad situation into a worse situation. When an on-duty officer directs you to pull over your vehicle or stop on foot, you are supposed to immediately comply. Being charged with resisting arrest occurs usually when someone attempts to prevent law enforcement from arresting them. This often happens when law enforcement makes a move or otherwise indicates that they will be placing an individual under arrest and that individual:
These are only some actions that can lead to being charged with resisting arrest in Arizona. One common misconception among the public is that a person is justified in resisting arrest if they are innocent of the crime they are being alleged to have committed. This is a misconception and doing this will lead to further criminal charges against you.
Generally speaking, resisting arrest is a class 6 felony. However, if the crime is charged as “passive resisting arrest” then it will be charged as a class 1 misdemeanor. Whether your charge is a class 6 felony, or a class 1 misdemeanor will largely depend on the officer’s subjective state of mind. This is to say that, depending how the specific officer perceives your actions will make the difference between felony or misdemeanor charges.
However, defending a resisting arrest charge can be fairly easy given that the crime is dependent on the state of mind of the person charges. For example, if a plain clothed individual attempt to make an arrest and does not identify themselves as a peace officer then the charge of resisting arrest is not justified. Remember, just because you are charged with a crime does not mean that you will be convicted of that crime. There are many ways to try to mitigate charges to a lesser crime or launch a full-on defense to the charges and take the prosecution to task during a trial.
An experienced and skilled defense attorney at Rosenstein Law Group will be helpful in a favorable resolution to your case. If you would like to discuss your case with professional and dedicated defense attorneys, please call us at (480) 248-7666 to schedule a free consultation. We would love the opportunity to protect your rights.