18 Mar What Does It Mean to Resist Arrest in Arizona?
Have you ever heard the phrase “resisting arrest” in your favorite crime drama? In Arizona, there are strict laws about how citizens may interact with law enforcement. For example, you are required to follow their instructions during an emergency, and there are rules about when you are allowed to film law enforcement in action. There are also laws about how a person should behave if they ever get arrested. We explain how Arizona defines resisting arrest, and what could happen if you do not comply.
How Arizona Defines Resisting Arrest
Intentionally preventing a known law enforcement officer from placing you under arrest is a crime. Many people assume that in order to be charged with resisting arrest, the perpetrator must be running away or physically preventing the arrest. However, other forms of resistance like the use of verbal threats and even passive resistance are included in the Arizona penal code.
You can resist arrest by:
- Threatening to use physical force against law enforcement. This can look like threatening them with bodily harm or displaying a weapon in a threatening manner.
- Using physical force against law enforcement. Actions like hitting, spitting, kicking, and otherwise using your body or nearby objects to hurt (or attempt to hurt) law enforcement officers.
- Creating a substantial risk of physical injury to law enforcement officers or innocent bystanders. Running into traffic to avoid arrest, hiding behind someone else, and pushing others out of the way in an attempt to avoid arrest are all examples of creating a substantial risk of injury.
- Engaging in passive resistance. This definition includes non-violent physical actions or a failure to act to impede arrest. A few examples of passive resistance can be refusing to stand or going “boneless” when asked to move toward a squad car.
The Consequences for Resisting Arrest in Arizona
Resisting arrest can be either a class 1 misdemeanor or a class 6 felony, depending on the specifics of the situation.
Passive resistance to an arrest is a class 1 misdemeanor. Sentences for this crime have the possibility of 3 years on parole, or 180 days in jail. A misdemeanor conviction will also impact your wallet with fines of up to $2,500 in addition to court fees.
Physically resisting arrest, threatening harm, or increasing the risk of harm is a class 6 felony. Felonies are more severe crimes than misdemeanors. Convictions can make it hard to find work or housing, prevent you from obtaining certain employment licenses, and exclude you from social benefits. A felony conviction can also land you a prison sentence of 3 months to nearly 6 years, in addition to fines and fees.
Three Important Things to Remember During an Arrest
Regardless of the reason for an arrest, there are three very important things to remember.
1: Ask for a lawyer.
The first thing you should do when being arrested is ask for a lawyer. It is your right to have legal representation, so clearly state: “I want a lawyer.” Remember, there may be some time between when you ask for a lawyer and when you can actually speak with one. Don’t say anything else until then.
2: Remain silent.
The only thing that should come from your mouth during an arrest is: “I want to speak to a lawyer.” Otherwise, do not talk. When law enforcement reads you your rights, they mean it when they recite the phrase “anything you do or say can be held against you.”
3: Follow directions.
Any resistance or backtalk during the arrest or during processing can lead to more problems and make your situation worse. Follow the directions the officers give you and do your best to remain civil.
Do You Need a Criminal Defense Attorney in Arizona?
Being charged with resisting arrest or any other crime can have long-lasting impacts on your life and on your family. Not only could you be facing time behind bars, you might also have to pay steep fines.
Hiring a certified criminal defense attorney can help you keep your life on the right track. Not only does Todd Coolidge have over 25 years of experience in the Arizona criminal courts, but he also believes in a personal touch. Your case will always be handled by an expert, never handed off to an unqualified intern or lost in a sea of other cases.
If you are facing criminal charges, contact Coolidge Law today for a consultation. We will help you secure the best possible outcome for your case.
Images used under creative commons license – commercial use (3/11/25). Photo by Wesley Tingey on Unsplash