Phoenix Resisting Arrest Defense Attorney
Resisting arrest is considered a criminal act that occurs when an individual opposes or obstructs an arrest performed by a law enforcement officer. Although resisting detention may seem like a typical response, it can lead to significant criminal charges, ranging from minor misdemeanors to severe felonies, based on the particular circumstances involved. Having a Phoenix attorney experienced in resisting arrest charges can be highly beneficial in navigating legal proceedings.
If you or a loved one has been accused of resisting arrest in Phoenix, seeking legal counsel without delay is imperative. At Bala Legal Services, you'll be provided with an attorney who is well-versed and committed to advocating for your rights. Contact us today to schedule a complimentary free consultation and receive information on your legal choices.
What is Considered Resisting Arrest in Arizona?
Resisting arrest is defined as intentionally obstructing or trying to obstruct an arrest made by someone the accused knows as a law enforcement officer. This can be achieved through physical force exerted against the officer or another individual or through any other method that poses a risk of physical harm to the officer or a third party.
Assaulting an officer can range from minor actions like shoving an officer away or swatting at their hands, which may result in a felony charge. Additionally, resisting arrest may involve "passive resistance," which can entail pulling away from the officer. As per A.R.S 13-2508-C, any act or failure to act that is nonviolent but is intended to impede, delay, or hinder an arrest is considered passive resistance.
Possible Penalties for Resisting Arrest in Arizona
The severity of resisting arrest charges depends on the type of offense committed. Passive resistance is considered a class 1 misdemeanor, which is the most severe level of misdemeanor. This offense may result in up to 6 months in jail, three years of probation, and a fine of up to $2,500.
In contrast, using physical force or posing a substantial risk of injury to any party, including law enforcement officials, is a class 6 felony. Although this is the lowest felony offense, first-time offenders can still face up to 1 year in prison, along with other penalties like probation and fines. Repeat offenders may be subject to even harsher consequences.
However, under Arizona Criminal Code Title 13, courts may sometimes have the discretion to charge an offense as either a class 6 felony or a class 1 misdemeanor based on various factors, such as the defendant's criminal history and the nature of the crime committed. Ultimately, the decision lies with the court.