Arizona Resisting Arrest in Arizona Lawyers

Resisting Arrest in Arizona: What You Need to Know

Getting arrested can be scary. Your heart races, your palms sweat, and your mind goes a hundred miles an hour. You may feel an urge to pull away or even run. But resisting arrest often ends badly, even if you’re innocent. Take a deep breath, stay calm, and know your rights. This article covers resisting arrest laws in Arizona and how to handle arrests properly.

What is Resisting Arrest in Arizona?

Resisting arrest means intentionally preventing or trying to prevent a law enforcement officer from making a lawful arrest. Arizona law prohibits resisting arrest, even if you believe the arrest is unlawful.

Under Arizona Revised Statutes §13-2508, you commit the crime of resisting arrest by:

• Using or threatening physical force against the officer
• Creating a substantial risk of physical injury to the officer
• Engaging in passive resistance that delays or prevents the arrest

Passive resistance includes going limp, holding on to fixed objects, or refusing to cooperate with being handcuffed or moved. Even peaceful, nonviolent resistance is illegal.

Resisting Arrest Charges and Penalties

Resisting arrest is a class 6 felony in Arizona. If convicted, penalties can include:

• 4 months to 2 years in prison
• Fines up to $150,000
• Probation from 1 to 3 years
• Mandatory surcharges of at least $1000

If you use a deadly weapon or cause physical injury while resisting, it becomes a class 5 felony. That ups the ante to 1 to 3.75 years in prison and fines up to $150,000.These are serious consequences. But there are legal defenses that could get the charges reduced or dismissed.

Common Defenses Against Resisting Arrest Charges

Here are some common arguments a criminal defense lawyer may make:

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

You didn’t know it was a police officer

If you didn’t know it was a cop trying to arrest you, you may not have criminal intent. For example, if an officer in plain clothes tries to make an arrest without identifying themselves.

The arrest was unlawful

You can’t resist even an unlawful arrest in Arizona. But if the charges stem from an improper arrest, your lawyer can challenge the legality to get evidence thrown out or charges dismissed.

No actual resistance occurred

If you didn’t actually resist, but the officer says you did, your attorney can argue there’s no evidence to support the charges.

Self defense

If the officer used excessive force and you acted only to protect yourself, self-defense may justify your actions.

Mental illness

If a mental health condition kept you from understanding your actions or controlling your behavior, you may have an affirmative defense.

A skilled lawyer thoroughly investigates the arrest details to craft the best defense strategy for your specific case.

How to Handle Getting Arrested in Arizona

Getting arrested, even wrongly, is no fun. But overreacting often makes it worse. Here are tips on handling arrests properly:

Stay calm

As hard as it is, take deep breaths and keep your cool. Anything you say or do can be used against you.

Don’t resist

Don’t pull away, run, or physically fight officers. You could face additional charges for resisting or assaulting an officer.

Don’t argue

Arguing or complaining will not help your case. Be respectful and save it for court.

Ask if you’re under arrest

If they say yes, you must comply with their orders. If not, you may be free to leave.

Invoke your right to remain silent

Say out loud “I invoke my right to remain silent.” Then say nothing more until you speak to a lawyer.

Ask for a lawyer

Clearly state “I want to speak to a lawyer.” Then stop answering questions. Interrogation must cease until your attorney is present.

Don’t consent to searches

If they ask to search you or your belongings, politely decline. They need a warrant or probable cause.

Ask for badge numbers

Get the badge number and name of every officer involved. This helps later with investigations or complaints.

Get medical attention if needed

If you’re injured during arrest, request immediate medical care. Take photos of any injuries as evidence.

Memorize details

Mentally record everything that was said and done. These details help your lawyer defend the charges.

Staying calm and invoking your rights reduces the chances of further issues. Most importantly, say nothing to police without your lawyer present. Anything you say can come back to haunt you.

Finding a Criminal Defense Lawyer in Arizona

If you’re charged with resisting arrest, working with an experienced criminal defense attorney is critical. A lawyer can evaluate any police misconduct and build the strongest case for dismissal or acquittal.

When choosing a lawyer, look for these key qualifications:

• Extensive knowledge of Arizona criminal laws and procedures
• Successful track record getting charges reduced or dismissed
• Good relationships with local prosecutors and judges
• Resources to thoroughly investigate your arrest
• Clear communication skills and responsiveness

Don’t just Google “criminal defense lawyer” and pick the first result. Ask friends for recommendations. Search lawyer directories like Avvo or Martindale. Schedule consultations to meet lawyers and find the best fit.

Resisting arrest charges are frightening. But an experienced Arizona defense lawyer can guide you through the chaos, answer all questions, and build the strongest case possible. Don’t go it alone against the power of the state. Protect your rights and future by hiring professional legal help.