A Glendale resisting-arrest charge requires attention to the alleged action and intent, not just a report’s label of noncompliance. Compare the complete recording with commands, movement, injuries and the moment officers were effecting an arrest. Force, a substantial risk of injury and passive resistance are different statutory alternatives.
If you’ve been charged with resisting arrest—or fear those charges may be filed—it’s important to understand your rights, what the law says, and how a skilled criminal defense attorney in Arizona can help protect your future.
What Is Resisting Arrest Under Arizona Law?
Under § 13-2508, the conduct must intentionally prevent or attempt to prevent a person reasonably known to be a peace officer, acting under color of official authority, from effecting an arrest. The statute distinguishes:
- Using or threatening physical force against the officer
- Using another means that creates a substantial risk of physical injury to the officer or another person
- Engaging in passive resistance: a nonviolent physical act or failure to act intended to impede, hinder or delay the arrest
A movement’s label does not establish intent. Preserve the sequence of commands, physical contact, pain or injury and the person’s response. The statute asks whether the officer was reasonably known to be a peace officer; it does not require a particular verbal identification formula.
Penalties for Resisting Arrest in Arizona
The severity of the penalty depends on how the arrest was resisted:
- Class 6 Felony: If the individual used or threatened physical force or created a risk of injury
- Class 1 Misdemeanor: If the individual passively resisted arrest without threats or force
Possible consequences include:
- Felony conviction (if charged as a Class 6 Felony)
- Up to 1.5 years in prison or up to 6 months in jail
- Fines, probation, and mandatory community service
- A permanent criminal record, which can affect employment and housing
Because resisting arrest often occurs during emotionally charged situations, police reports may exaggerate or misinterpret behavior. That’s why challenging the officer’s account is often key to the defense.
Common Defenses to Resisting Arrest Charges
At Guardian Law Group, we understand that every case has two sides—and sometimes the facts are far more complicated than what’s written in a police report. Depending on your circumstances, we may raise one or more of the following defenses:
- Arrest legality and officer force: Challenge an unlawful arrest through counsel, not physical resistance. Under § 13-404(B)(2), force is not justified to resist a known or reasonably apparent peace officer’s arrest merely because it is unlawful; the statute has a separate excessive-force limitation.
- You didn’t use physical force or resistance – Bodycam footage and witness testimony may show no actual resistance occurred
- You were confused or in pain – Fear, injury, or miscommunication during the arrest may explain your reaction
- You were falsely accused – Officers may misinterpret panic, movement, or verbal protest as resistance
- Lack of intent – The law requires that resistance be intentional, not accidental or reflexive
Our legal team will review all evidence, including police body camera footage, use-of-force reports, and medical records to build a strong, fact-based defense.
Your Legal Rights During and After Arrest in Arizona
Understanding your rights during an arrest can help protect you and your defense. Whether or not you believe the arrest is justified, do not physically resist. Instead:
- Remain silent – You have the right to remain silent. Do not argue with officers.
- Ask for a lawyer – Assert your right to counsel and do not answer questions without legal representation.
- Comply without waiving your rights – Do not consent to searches or make statements.
- Document the incident afterward – Record any injuries, gather witness names, and note what happened
Even if the arrest itself violates your rights, resisting physically can still lead to new criminal charges. Let your attorney challenge the legality of the arrest in court.
Why You Need a Glendale Defense Attorney After a Resisting Arrest Charge
Maricopa County prosecutors often treat resisting arrest as a gateway to more serious charges, especially in cases involving police encounters. Without the right legal defense, even a minor encounter can escalate into a lasting criminal record.
At Guardian Law Group, we:
- Challenge the legality of the arrest
- Investigate officer conduct and use-of-force
- Seek dismissal or reduction to a civil offense or diversion
- Represent you in court and at pretrial conferences
- Protect your future from unnecessary felony or misdemeanor consequences
We represent clients in Glendale, Phoenix, Peoria, Surprise, and throughout Maricopa County facing resisting arrest charges.
FAQ: Resisting Arrest in Arizona
Can I resist an unlawful arrest in Arizona?
An unlawful arrest alone does not justify physical resistance under §13-404(B)(2). Do not treat the excessive-force limitation as permission to escalate an encounter. Preserve recordings and injury records so counsel can assess the arrest, the officer’s conduct and the exact allegation separately.
Is resisting arrest a felony or misdemeanor?
It depends. If physical force or risk of injury was involved, it’s a Class 6 felony. If the resistance was passive, it’s charged as a Class 1 misdemeanor.
Will this stay on my record?
Yes. A conviction—even for a misdemeanor—goes on your permanent criminal record. However, with legal representation, your attorney may negotiate dismissal, diversion, or set-asides.
Can I be charged with resisting arrest without another crime?
A resisting-arrest allegation is evaluated separately from the suspected underlying offense, but §13-2508 still requires an officer effecting an arrest and the specified intentional resistance. An investigative encounter alone is not a substitute for those elements.
Arrested for Resisting Arrest in Glendale? Call Guardian Law Group Now
For an arrest-recording consultation, bring the charging paper, complete available video, medical records and witness information. Mark the commands and movements you want reviewed without editing or circulating only selected clips. Guardian Law Group’s criminal defense team can review the records and discuss the next step.
Call Guardian Law Group today at (602) 888-8020 for a confidential consultation.