A charge of resisting arrest in Glendale, Arizona may seem like a minor offense at first, but it can carry serious legal and personal consequences. Prosecutors in Maricopa County aggressively pursue these charges, especially when they accompany other allegations such as assault, disorderly conduct, or obstructing justice.
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 A.R.S. § 13-2508, resisting arrest occurs when someone intentionally prevents or attempts to prevent a law enforcement officer from making a lawful arrest. This can happen in several ways:
- Using or threatening physical force against the officer
- Creating a substantial risk of physical injury
- Engaging in passive resistance (refusing to comply, pulling away, or tensing up)
Even passive noncompliance—like stiffening your arms during handcuffing—can result in a charge. However, for the charge to stick, the arrest must be lawful and the officer must have clearly identified themselves.
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, 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:
- The arrest was unlawful – You have a right to resist if the arrest was unconstitutional or not based on probable cause
- 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, 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?
Technically, yes—but only to a limited extent. Arizona law allows minimal resistance to an unlawful arrest, but it’s always safer to let your attorney handle that fight in court. Physical resistance can still result in charges.
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?
Yes. Police can charge you with resisting even if you weren’t originally under arrest for another offense. This often occurs during investigations or disorderly conduct stops.
Arrested for Resisting Arrest in Glendale? Call Guardian Law Now
Resisting arrest may seem like a minor offense, but it can spiral into a lasting problem. The best way to protect yourself is with an experienced criminal defense team.
Call Guardian Law today at (602) 888-8020 for a confidential consultation.