Understanding Arizona Child Abuse Laws: ARS 13 3623
Facing resisting arrest Arizona charges is overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of Arizona resisting arrest laws. It explains key terms and the resisting arrest Arizona punishment. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are charged with resisting arrest Arizona, consult with a qualified resisting arrest lawyer in Phoenix as soon as possible.
What is Resisting Arrest Arizona?
ARS 13-2508 defines resisting arrest intentionally preventing or attempting to prevent a law enforcement officer from making an arrest. This can happen in several ways:
- Using or Threatening Physical Force: This means any act of physical force or a believable threat of force against a police officer or another person.
- Creating a Substantial Risk of Injury: Even without direct physical force, actions creating a substantial risk of causing physical harm to a police officer or another constitute resisting arrest. This could include actions that might lead to an injury, even if no actual injury occurred.
- Passive Resistance: This refers to nonviolent actions meant to delay or hinder the arrest. This is a lesser charge than actively resisting.
Importantly, you can be charged even if you don’t successfully prevent the arrest. The intent to prevent the arrest is all that is needed to be convicted. Furthermore, the legality of the initial arrest doesn’t impact the resisting arrest charge.
Sentencing for Resisting Arrest:
The severity of resisting arrest charges in Arizona depends on how the resistance happened and your criminal history.
Felony Resisting Arrest (Class 6 Felony)
This is the most common charge, involving the use of physical force or creating a substantial risk of injury. Sentencing depends on your prior record:
| Felony | Prior Felony Convictions | Sentence |
|---|---|---|
| Class 6 | 0 | Probation – 2 years |
| Class 6 | 1 | 9 months – 2.75 years |
| Class 6 | 2 | 2.25 years – 5.75 years |
Misdemeanor Resisting Arrest (Class 1 Misdemeanor)
This lesser charge applies only to passive resistance—nonviolent acts designed to impede an arrest. Sentencing typically includes probation with the possibility of up to 6 months in jail.
Frequently Asked Questions:
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Key Takeaways:
- Definition and Scope: Under ARS 13-2508, resisting arrest involves intentionally preventing or attempting to prevent a law enforcement officer from making an arrest. This can be done by using or threatening physical force, creating a substantial risk of injury, or engaging in passive resistance.
- Sentencing: The severity of the charge depends on the nature of the resistance and the individual’s criminal history. Felony resisting arrest (Class 6 felony) involves physical force or creating a risk of injury and can lead to probation to up to 5.75 years in prison, based on prior convictions. Misdemeanor resisting arrest (Class 1 misdemeanor) applies to passive resistance and typically results in probation or up to 6 months in jail.
- Important Points:
- You can be charged with resisting arrest if you didn’t prevent the arrest.
- The legality of the initial arrest does not affect the resisting arrest charge.
- Passive resistance includes nonviolent actions meant to delay or hinder the arrest.
- You can still be charged with resisting arrest even if you didn’t know the person making the arrest was a police officer, as long as a reasonable person would have recognized them as such.
Next Steps:
Resisting arrest Arizona is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.
If you’re facing resisting arrest Arizona charges, under ARS 13-2508, engaging a skilled resisting arrest lawyer in Phoenix is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.