Resisting Arrest Under Arizona Law ARS 13-2508

Under Arizona Revised Statute 13-2508, resisting arrest is defined as intentionally stopping or trying to stop a peace officer from making an arrest. Here’s what that means:

• Physical Force or Threats: If a person uses or even threatens to use physical force against an officer (or anyone else nearby) to prevent an arrest, it qualifies as resisting arrest. An example would be pushing, striking, or trying to intimidate the officer to get away.

• Actions That Risk Injury: Resisting arrest can also include actions that create a significant chance of physical injury to the officer or someone else. For instance, attempting to break free from an officer’s hold while putting others at risk is also considered resisting.

• Passive Resistance: This refers to nonviolent actions or refusals that slow down or stop the arrest process. A common example is refusing to stand up when asked or staying seated to prevent the officer from making the arrest. It’s important to note that this form of resistance doesn’t involve force.

In Arizona, resisting arrest is considered a criminal act, whether the officer has lawful authority to make the arrest or not. This means that even if the arrest is later found to be unlawful, resisting can still lead to charges.

In Arizona, charges vary based on the level of force or threat involved, making it either a felony or a misdemeanor offense.

When someone uses physical force or creates a substantial risk of injury while a police officer or other law enforcement officer is trying to arrest them, the charge escalates to a Class 6 felony. This applies to cases where force, such as pushing or hitting an officer or attempting to flee in a way that could harm the officer or another person, is involved. 

Alternatively, if a person resists an arrest through passive resistance—such as a nonviolent failure to act by refusing to stand up or walk—then it’s usually classified as a Class 1 misdemeanor. In these cases, there’s no physical threat, but the actions still impede the law enforcement officer from making the arrest without additional intervention. 

In Arizona, resisting arrest penalties vary based on whether the charge is a Class 6 felony or a Class 1 misdemeanor:

• Class 6 Felony: In cases involving physical force or actions that risk injury to a law enforcement officer or another person, resisting arrest is classified as a Class 6 felony. Penalties may include up to 18 months in prison and fines up to $150,000. A felony conviction can also bring additional consequences, such as probation or mandatory counseling, along with a criminal record that affects employment and housing.

• Class 1 Misdemeanor: If the arrest is resisted through passive resistance—nonviolent actions that still delay the arrest—it’s treated as a Class 1 misdemeanor. This may result in up to six months in jail and fines up to $2,500, with possible probation or community service.

Whether facing a felony or misdemeanor, a Phoenix criminal defense lawyer can help assess your case and explore defense strategies to potentially reduce or dismiss the charges, limiting long-term consequences.

Several effective defenses can challenge the elements of a resisting arrest charge under ARS 13-2508. In Arizona, defenses often focus on disproving specific elements of the charge, as well as strategies that can mitigate, reduce, or even dismiss charges.

Here are some of the most common defenses:

• Lack of Intent: One of the key elements in a resisting arrest charge is the intent to prevent an officer from making an arrest. If the defense can show that the defendant did not act intentionally, such as if they reacted out of confusion or fear, this lack of intent can weaken the prosecution’s case and potentially result in a reduction or dismissal of the charges.

• Self-Defense Against Excessive Force: Arizona law recognizes that individuals have a right to protect themselves if a law enforcement officer uses excessive or unreasonable force during an arrest. If it can be shown that the officer’s actions went beyond what was necessary to make the arrest, the defense may argue self-defense.

• Lack of Knowledge: ARS 13-2508 requires that the defendant reasonably knew the individual making the arrest was a peace officer. If it can be shown that the defendant did not recognize the arresting party as a police officer or law enforcement officer, this can serve as a strong defense against the charge.

Other strategies to reduce or mitigate charges can be effective if the case proceeds:

• Plea Negotiation: In some instances, negotiating a plea deal to a lesser offense can significantly reduce potential penalties. A defense lawyer can work with the prosecution to potentially reclassify the charge from a felony to a misdemeanor or pursue alternative sentencing, such as probation.

• Diversion Programs: For those with no prior felony record, Arizona offers diversion programs that may allow defendants to avoid jail time by completing community service, counseling, or other rehabilitative programs. Successfully completing a diversion program can often lead to a dismissal of charges, keeping the individual’s record clean.

Case Dismissal on Technicalities: Sometimes, procedural errors in the arrest process or issues with evidence collection can provide grounds for a case dismissal. A lawyer can review the case for technical errors that might lead to the charges being thrown out.

Yes, assaulting a police officer is a separate and more severe charge in Arizona. Under ARS 13-1204, an assault against a law enforcement officer—someone clearly identified as an officer and engaged in official duties—is classified as aggravated assault.

This charge escalates standard assault to a Class 5 or Class 4 felony depending on the severity of the assault, such as if it involves physical injury or the use of a deadly weapon.

Assaulting a police officer differs from resisting arrest because it specifically involves an intent to harm the officer, rather than just preventing or delaying an arrest.

If you’re facing a resisting arrest charge or any criminal charge in Arizona, having a trusted, experienced attorney by your side can make all the difference. Christian Lueders, founder of Guardian Law, brings a wealth of experience to his clients.

He started his career as a felony prosecutor for Maricopa County, where he gained a reputation for his knowledge of criminal law and his skill at working with juries. Now, he’s turned his focus to defending individuals against criminal charges, using his insights from the other side of the courtroom to his client’s advantage.

At Guardian Law, Christian and his team are committed to defending your rights and creating the best possible defense strategy for your case. Reach out today to discuss your situation and take the first step toward a strong defense with a team that genuinely cares about your future.