Resisting Arrest

Resisting Arrest Charges

“Stop resisting!” is a phrase shouted all too often by over-eager police officers as they manhandle suspects during an arrest.  Resisting an arrest, however, can lead to serious criminal consequences, even if what you were arrested for never leads to charges.

Arizona distinguishes between an “active” resist and a “passive” resist, and they are treated differently.

Active Resisting Arrest

If you intentionally prevent or attempt to prevent a person that you reasonably know to be a peace officer, who is acting under color of their official authority, from effecting an arrest by:

  • Using or threatening to use physical force against the peace officer or another person; or
  • Using any other means to create a substantial risk of causing physical injury

Consequences of Active Resisting Arrest Conviction

If you are convicted of an “active” Resisting Arrest, then you will have a Class 6 Felony on your record.  A Class 6 Felony carries a potential prison term of 4 months – 2 years, up to 3 years of probation, and a maximum fine of $150,000 plus surcharges.  A felony conviction also leads to the loss of your civil rights, including the right to carry a firearm, and can lead to difficulties obtaining work, loans, and licenses.

Passive Resisting Arrest

If you intentionally prevent or attempt to prevent a person that you reasonably know to be a peace officer, who is acting under color of their official authority, from effecting an arrest by engaging in passive resistance, which is defined as a nonviolent physical act or failure to act intended to impede, hinder, or delay the effecting of an arrest, then you will be convicted of a Class 1 Misdemeanor.  A Class 1 Misdemeanor carries a maximum jail term of 6 months, up to a $2,500 fine, and up to 3 years of probation.  As with the felony, a misdemeanor conviction can have additional collateral side effects that will affect your life.

Contact a Phoenix Criminal Defense Attorney Today

Don’t face the potential lifetime effects of a criminal conviction alone.  You need an experienced, aggressive, and effective team on your side to help you get the best possible result in your case.  Call the attorneys AZ Defenders today at 480-456-6400 or contact us online to schedule your free consultation.

 

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