Understanding ARS Resisting Arrest: ARS 13-2508
Facing Arizona resisting arrest charges can be overwhelming. The legal system can feel complex and intimidating. Lawyer Listed provides clear information on the specifics of the charge and the potential penalties, helping you navigate each step of the process.
This guide provides an in-depth examination of resisting arrest ARS law, offering detailed explanations of key legal terminology, sentencing frameworks, and the broader implications of the charge.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense attorney. If you are charged with ARS resisting arrest, let Lawyer Listed match you with your ideal criminal defense lawyer as soon as possible.
What Is ARS Resisting Arrest?
Arizona law defines resisting arrest as intentionally preventing or trying to prevent a law enforcement officer from arresting you or someone else. You can be charged with ARS resisting arrest in several different ways:
- Using or Threatening Physical Force: This means any act where you use physical force against a police officer or another person, or where you make a believable threat to use force. Even if you don’t actually hurt anyone, threatening force can be enough for a charge.
- Creating a Substantial Risk of Injury: You don’t have to actually use force to be charged with resisting arrest. If your actions create a serious risk that someone could get hurt, especially a police officer, that is enough to be charged with resisting arrest. This could include actions that could lead to an injury, even if nobody is actually injured.
- Passive Resistance: This refers to nonviolent actions that are meant to delay or stop an arrest. Examples of passive resistance include refusing to put your hands behind your back, going limp, or refusing to get out of your vehicle. This is considered a lesser offense than actively resisting with force.
Understanding Resisting Arrest
Arizona’s resisting arrest statute, ARS 13‑2508, focuses on a person’s conduct and intent during an arrest—not on whether the arrest was successful or even legally justified. The following key points help clarify how the law is applied and what does not qualify as resisting arrest.
- Intent to Prevent the Arrest Is Enough. You do not have to actually stop the arrest from happening to be charged with resisting arrest. The statute only requires that you intended to prevent or delay the arrest. If an officer manages to arrest you despite your resistance, the fact that the arrest was completed does not absolve you from criminal liability.
- The Legality of the Arrest Does Not Control the Charge. The legality of the original arrest doesn’t matter for a resisting arrest charge. Even if the arrest later turns out to be unsupported or improper, you can still be convicted of resisting arrest based solely on how you responded during the encounter.
- Verbal Disagreement Alone Is Not Resisting Arrest. Simply arguing with or criticizing a peace officer, without more, is not enough to constitute resisting arrest. The law requires some form of physical force, threat, or substantial interference beyond mere words.
Key Concepts of Resisting Arrest
- Intentionally / With intent to: Acting with the objective of causing a specific result or engaging in particular conduct. In plain terms, you meant to do it.
- Passive resistance: A nonviolent physical act or failure to act that is intended to impede, hinder, or delay an arrest.
Elements of Resisting Arrest
According to ARS 13-2508(A1) and 13-2508(A2), the prosecutor must prove four elements beyond a reasonable doubt for a resisting arrest conviction:
- A peace officer acting under official authority sought to arrest you or another person; and
- You knew, or had reason to know, that the person attempting the arrest was a peace officer acting under color of official authority; and
- You intentionally prevented, or attempted to prevent, the peace officer from making the arrest; and
- You used or threatened to use physical force or created a substantial risk of physical injury to the officer or another person in the course of preventing the arrest.
Elements of Resisting Arrest (Passive Resistance)
According to ARS 13-2508(A3), the prosecutor must prove three elements beyond a reasonable doubt for a resisting arrest conviction:
- A peace officer acting under official authority sought to arrest you or another person; and
- You knew, or had reason to know, that the person attempting the arrest was a peace officer acting under color of official authority; and
- You intentionally prevented, or attempted to prevent, the officer from making the arrest by engaging in passive resistance.
Arizona Statute of Limitations for ARS Resisting Arrest
The statute of limitations is the deadline for filing criminal charges. For misdemeanor resisting arrest, prosecutors must file the case within one year of the incident. For felony resisting arrest, prosecutors have up to seven years from the date of the offense.
Resisting Arrest Arizona Punishment
The penalty for resisting arrest is substantial and can have long‑lasting effects. Sentences vary based on your criminal history and the facts of the case. Understanding these consequences helps you make informed decisions about your defense.
| Offense | Charge | Prison/Jail | Probation (max) |
|---|---|---|---|
| Resisting arrest | Class 6 felony | Prison: 0.33 – 2 years | 3 years |
| Resisting arrest (passive resistance) | Class 1 misdemeanor | Jail: Up to 6 months | 3 years |
Frequently Asked Questions (FAQs)
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition: Under ARS 13-2508, resisting arrest means you intentionally tried to prevent or prevented a law enforcement officer from making an arrest. You can commit this crime in three ways: using or threatening physical force against an officer, creating a substantial risk that someone could get hurt, or engaging in passive resistance (nonviolent refusal to cooperate).
- Key Elements:
- Intent is enough: You can be charged with resisting arrest even if you didn’t actually stop the arrest. The law only requires that you tried to prevent it or intended to prevent it.
- Legality of the arrest doesn’t matter: The legality of the initial arrest does not affect whether you can be convicted. Even if the officer had no lawful basis to arrest you, you can still be found guilty of resisting if you tried to interfere with the arrest.
- Passive resistance is still resisting: Passive resistance includes nonviolent actions meant to delay, hinder, or prevent the arrest, such as refusing commands, going limp, or locking your arms together.
- You don’t need actual knowledge the person was an officer: You can be charged even if you say you did not know the person was a police officer, as long as a reasonable person in your situation would have understood they were law enforcement.
- Sentencing: ARS resisting arrest carries different penalties depending on the circumstances of the crime.
- Resisting Arrest: Classified as a Class 6 felony with a potential prison sentence ranging from 4 months to 2 years and/or up to 3 years of probation.
- Resisting arrest (passive resistance): Classified as a Class 1 misdemeanor with a potential jail sentence up to 6 months and/or up to 3 years of probation.
- Statute of limitations: The statute of limitations for resisting arrest is 1 year for misdemeanor offenses and 7 years for felony offenses.
Next Steps:
ARS resisting arrest is a serious criminal allegation with consequences that can affect the rest of your life. Outcomes depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights.
If you’re facing resisting arrest charges, engaging a skilled criminal defense attorney is important to protect your rights and manage the process. Don’t try navigating the legal system alone; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense lawyer on your side right away.