Facing resisting arrest or use of force allegations in Phoenix can lead to serious criminal penalties and long-lasting consequences. Even a minor physical struggle or verbal dispute during an arrest can result in felony charges under Arizona law. Police departments and prosecutors treat these cases aggressively, often arguing that the accused acted violently toward law enforcement. At Guardian Law, we defend individuals accused of resisting arrest, assault on an officer, and related charges throughout Maricopa County and across Arizona.
Understanding Resisting Arrest Under Arizona Law
Under A.R.S. § 13-2508, a person commits resisting arrest by intentionally preventing or attempting to prevent a peace officer from making a lawful arrest. This can happen through:
- Physical force against an officer
- Threats or intimidation directed at law enforcement
- Passive resistance, such as refusing to comply or struggling during an arrest
Resisting arrest is generally charged as a Class 6 felony, but it can escalate to more serious charges if the alleged conduct involves injury, weapons, or prior offenses.
What Are “Use of Force” Allegations?
A use of force allegation arises when police claim that you used physical resistance, pushed, pulled, or otherwise acted aggressively during an encounter. Even minimal physical contact can trigger charges like assault on a peace officer (A.R.S. § 13-1204). These allegations often depend on police reports, witness statements, and sometimes body camera footage.
Prosecutors may file additional charges such as:
- Disorderly conduct (A.R.S. § 13-2904)
- Obstruction of justice (A.R.S. § 13-2409)
- Aggravated assault on a peace officer (A.R.S. § 13-1204(A)(8))
Each charge carries serious potential penalties, including fines, probation, and imprisonment.
Common Scenarios Leading to Resisting Arrest Charges
Police encounters that start as routine stops or misunderstandings can quickly escalate into resisting arrest charges. Guardian Law often defends clients accused of:
- Reacting instinctively to pain or fear during an arrest
- Disputing excessive police force, leading to counter-allegations
- Being confused or unaware of commands during high-stress situations
- Attempting to move away or protect themselves from injury
These cases often hinge on conflicting accounts between officers and defendants. Our attorneys know how to identify inconsistencies, review body camera evidence, and challenge assumptions about intent.
The Arrest and Court Process
Once police accuse you of resisting arrest or using force, the criminal process usually follows these steps:
- Arrest and Booking – Police detain and fingerprint you, collect personal information, and submit a report describing the alleged resistance.
- Initial Appearance – A judge informs you of the charges and determines whether you will be released or held on bail.
- Filing of Charges – The prosecutor reviews the evidence and officially files charges.
- Pretrial Proceedings – Your attorney challenges the legality of the arrest, requests discovery, and may negotiate with prosecutors.
- Trial – If the case proceeds, a judge or jury decides whether the state proved guilt beyond a reasonable doubt.
Having an experienced defense lawyer early in the process can make a substantial difference in building your case.
Defenses Against Resisting Arrest and Use of Force Allegations
Guardian Law develops defense strategies tailored to the facts of each case. Common defenses include:
- Unlawful or unconstitutional arrest – If the initial arrest lacked probable cause, the entire case may be invalid.
- Excessive force by police – Officers sometimes use more force than necessary, and clients react instinctively to protect themselves.
- Lack of intent – The law requires proof that you intentionally resisted or used force, not that you merely reacted or moved involuntarily.
- Insufficient evidence – Conflicting witness statements or unclear video footage can weaken the prosecution’s claims.
- Violation of constitutional rights – Unlawful searches, seizures, or interrogations can result in evidence being suppressed.
Our attorneys thoroughly review video recordings, police statements, and medical records to challenge the government’s version of events.
How Guardian Law Builds a Strong Defense
At Guardian Law, we take an aggressive and evidence-based approach to defending resisting arrest and use of force allegations. We:
- Examine all body-worn camera and surveillance footage
- Interview witnesses and police officers to identify inconsistencies
- File motions to suppress unlawfully obtained evidence
- Negotiate with prosecutors for dismissal or reduction of charges
- Prepare for trial when necessary to protect your rights
Our goal is to achieve the best possible outcome while minimizing long-term consequences.
Why Choose Guardian Law
✅ Focused felony defense for violent crimes and law enforcement-related charges
✅ In-depth understanding of Arizona’s criminal statutes
✅ Aggressive advocacy in court combined with skilled negotiation
✅ Client-centered communication from start to finish
We represent clients in Phoenix, Glendale, Peoria, Scottsdale, Mesa, Surprise, Avondale, Buckeye, Prescott, Kingman, and Tucson.
FAQs About Resisting Arrest and Use of Force
Can I legally defend myself if an officer uses excessive force?
In some cases, yes. Arizona law allows individuals to defend themselves against unlawful or excessive force, but the situation must meet strict legal standards. An attorney can evaluate whether this defense applies to your case.
What if I didn’t know the person was a police officer?
Lack of knowledge may serve as a defense if the officer failed to identify themselves properly or was not clearly in uniform.
Can resisting arrest charges be dropped?
Yes. Charges may be dismissed if your attorney shows that the arrest was unlawful, that there was no intent to resist, or that the evidence is unreliable.
How serious is a resisting arrest conviction?
A conviction can lead to jail time, probation, community service, and a permanent criminal record. If the offense is charged as a felony, the penalties and long-term consequences increase significantly.
Contact Guardian Law Today
If you have been accused of resisting arrest or using force during an arrest, do not face the system alone. Early legal representation can protect your rights and improve your outcome.
Call Guardian Law today at (602) 888-8020 for a confidential consultation.