Resisting arrest is one of the most commonly charged offenses in the country, and Arizona is no exception. In fact, in some cases a person has committed no other crime, should not have been arrested, and may still have committed resisting arrest and be found guilty of that charge.
A.R.S. § 13-2508 is the Arizona statute that defines resisting arrest. It holds that a person commits resisting arrest when they intentionally hinder a peace officer from making an arrest. Resisting can be either active, such as threatening or trying to fight an officer, or it can be passive, such as locking up or going limp.
Resisting arrest can be charged as either a misdemeanor or felony depending on whether the resistance was passive or active. In cases where the resistance was passive, the resisting arrest charge will usually be accompanied by an aggravated assault charge, as harming or attempting to harm a peace officer is its own crime.
Body-worn cameras are now common, and many arrests are filmed. For people charged with resisting, this can be good news. We have seen cases where resisting charges have been tacked on with little or no basis. In one of our cases, our client was charged with actively resisting for spitting on an officer. When we reviewed the body-cam footage, we found that our client had been placed in a choke hold and involuntarily drooled on the officer’s arm. We were able to get those charges dismissed.
If you or a loved one has been charged with resisting arrest, please call us today. We offer free consultations and are familiar with these types of charges.