Arizona Resisting Arrest Laws

Being arrested is not an enjoyable experience. Thanks to the internet and dozens of reality TV shows, people think they know what an arrest looks like and how to behave. There are also many interpretations of resisting arrest. It may come as a surprise that states have laws that define the crime of resisting arrest and prescribe punishments for it.

In Arizona, resisting arrest can include using force to prevent or avoid a lawful arrest. Resisting arrest can result in increased or additional charges against a defendant and can put an arrestee in considerable danger. There are a few situations where you can lawfully attempt to evade arrest, but it’s often best to obey instructions and let your attorney argue for you later.

Arizona Resisting Arrest Laws

In Arizona, a police officer can make a lawful arrest with a valid arrest warrant signed by a judge or magistrate. Police or other law enforcement officers can also make lawful arrests for:

• Misdemeanors committed in their presence
• Felonies if they have probable cause to believe a crime has occurred
• Violation of a traffic law
• Subsequent to a “Terry stop” where an officer has reasonable suspicion that an individual is or may be about to commit a crime, and a search reveals the presence of weapons or illegal narcotics

What Is a Lawful Arrest?

Under Arizona law, a lawful arrest has four primary elements:

• Probable cause: The individual carrying out the arrest must reasonably believe that the arrestee is committing or about to commit a crime
• Authority: The person making the arrest must have the legal authority to do so
• Knowledge: The suspect must understand they are being arrested
• Custody: The arresting officer must take the arrestee into custody

These four must be met for a lawful arrest.

What Is an Unlawful Arrest?

An unlawful arrest lacks:

• Probable cause, meaning the arresting officer or individual does not reasonably believe there was a crime, or that the arrestee committed the crime
• A valid warrant
• A Legal right to detain, as only law enforcement can legally detain someone against their will

If you’ve been unlawfully arrested, letting your lawyer handle it later is usually a much better idea than resisting arrest.

Resisting Arrest

According to Arizona statute, resisting arrest occurs when a person:

• Knowingly or intentionally prevents a lawful arrest by a law enforcement officer
• Through the use of force or threatening physical force
• By creating a substantial risk of physical injury
• Through the use of passive resistance

A person can also resist arrest by preventing another person’s legal arrest. Blocking a police officer from effecting an arrest against another individual is the same offense as resisting your own arrest.

Common Examples of Resisting Arrest

In general, anything short of compliance with an arresting officer’s commands can be considered resisting arrest. The most common types of resisting arrest include:

• Use of violence or threatening violence against the arresting officer: Trying to fight during an arrest can also lead to an additional charge of aggravated assault on a police officer. This can have serious ramifications.
• Fleeing or eluding pursuit: Fleeing is either resisting with or without violence, depending on what the suspect does. Running half a block might be “without violence,” while a vehicle pursuit ending in a crash might be “with violence.”
• Passive resistance: Going limp or refusing to walk are examples of passive resistance. They are almost always considered “without violence.”

Asking questions, like “Why are you arresting me?” or telling the officer you will not answer questions beyond providing your name, is not considered resisting arrest.

Degrees of Resisting Arrest

Depending on how you act, resisting could result in either a felony or misdemeanor charge. Police officers may tack a resisting arrest charge onto another criminal charge if you’re at all disruptive during the arrest.

Felony resisting arrest is a Class 6 felony. A Class 6 felony conviction is punishable by six to 18 months of prison time, in addition to whatever time you receive for the underlying criminal case.

Misdemeanor resisting arrest is a Class 1 misdemeanor. Resisting without violence typically results in six months or less in jail, fines, or community service.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Defenses To Resisting Arrest

There are very few states where it is legal to resist an unlawful arrest. Arizona is not one of them. If a peace officer arrests you in Arizona, you must comply. However, many resisting arrest cases are dismissed during plea bargaining as part of the defense strategy.

Other defense strategies include lack of intent or self-defense in response to excessive or unreasonable police force. If the arresting officer did not have a valid warrant or failed to identify themselves as police officers, a defense attorney can attack the arrest on those grounds.

Related Resources

If you’d like more information and resources related to this topic, you can visit the following links:

• Arizona Criminal Laws
• Criminal Procedure
• Criminal Rights
• Civil Rights

Get Legal Advice From an Arizona Criminal Defense Lawyer

You should not try to resist arrest during the event itself. The broad language in the statute gives an experienced criminal defense attorney room to maneuver on your behalf. If you need legal advice related to a resisting arrest charge, contact an Arizona criminal defense attorney.