When tensions rise during an arrest, even a brief moment of resistance or confusion can lead to serious criminal charges in Arizona. Resisting arrest is often charged alongside disorderly conduct, assault on a peace officer, or weapons misconduct, dramatically increasing the stakes for anyone accused.
At Guardian Law, our experienced criminal defense attorneys in Arizona represent individuals in Maricopa, including nearby communities such as Phoenix, Scottsdale, Mesa, Peoria, Glendale, and Surprise, who are facing felony or misdemeanor resisting arrest charges. We know that every arrest situation has two sides — and we fight to ensure your rights, your safety, and your future are protected.
What Constitutes “Resisting Arrest” in Arizona?
Under A.R.S. § 13-2508, a person commits resisting arrest if they intentionally prevent, or attempt to prevent, a law enforcement officer from making an arrest by:
- Using or threatening to use physical force against the officer
- Using another means that creates a substantial risk of injury
- Engaging in passive resistance (nonviolent physical obstruction)
Depending on the conduct, resisting arrest can be charged as a Class 6 felony or a Class 1 misdemeanor in Arizona.
Potential Penalties
- Class 6 felony: Up to 2 years in prison for a first offense (more with prior felonies)
- Class 1 misdemeanor: Up to 6 months in jail and $2,500 in fines
Convictions can also result in permanent criminal records, loss of firearm rights, and difficulty obtaining employment or housing.
When “Use of Force” Is Claimed During Arrest
Many resisting arrest cases arise from confusion, fear, or excessive force by law enforcement. Officers are legally permitted to use reasonable force to effect an arrest, but when that force becomes excessive — causing unnecessary injury or escalating the encounter — the accused may have valid grounds to challenge the arrest itself.
Common Scenarios
- The individual did not realize the person arresting them was a police officer
- The individual acted reflexively or defensively when being restrained
- Officers used excessive or unlawful force, causing the person to instinctively resist
- Video evidence or witness statements contradict the police report
Legal Defenses to Resisting Arrest Charges
An experienced violent crime lawyer or criminal defense attorney in Arizona may pursue several strategies depending on the facts of your case, such as:
- Unlawful arrest — The officer lacked probable cause
- Excessive use of force — Self-defense may apply if police used more force than legally allowed
- Lack of intent — You did not intentionally resist or knew you were being arrested
- Witness and video evidence — Contradicting the official police account
Guardian Law uses strategic case investigation, cross-examination of officer reports, and analysis of body-worn camera footage to uncover inconsistencies and assert your rights.
How Guardian Law Defends Clients in Maricopa
Our firm focuses exclusively on serious felony defense, giving us a deep understanding of how prosecutors in Maricopa handle resisting arrest cases.
We offer:
- Immediate case assessment and protection of your rights
- Aggressive advocacy during plea negotiations or trial
- Review of police conduct and use of force evidence
- Personalized communication with clients and families
Whether your case began as a traffic stop, disturbance call, or street encounter, Guardian Law fights to prevent a moment of confusion from becoming a lasting criminal record.
Frequently Asked Questions (FAQ)
What happens after being charged with resisting arrest in Arizona?
You’ll likely be booked and face an initial appearance before a judge within 24 hours. The court determines conditions of release and your next hearing. It’s critical to contact a criminal defense attorney immediately to protect your rights.
Can you be charged with resisting arrest if you didn’t fight back?
Yes — Arizona law allows a “passive resistance” charge, such as refusing to comply with commands or physically pulling away. However, these cases can often be negotiated or dismissed with skilled representation.
Is self-defense allowed against police in Arizona?
In limited situations. If an officer uses unlawful or excessive force, self-defense may be a valid argument — but it must be handled carefully under Arizona law. An attorney can evaluate whether this defense applies to your case.
Speak with a Maricopa Criminal Defense Attorney Today
If you or a loved one has been accused of resisting arrest or involved in a use of force incident in Maricopa, do not face the system alone. Guardian Law provides strategic, aggressive defense for clients in Phoenix, Scottsdale, Mesa, Peoria, Glendale, Surprise, and throughout Arizona.
Call Guardian Law today at (602) 888-8020 for a confidential consultation.