Facing a charge of resisting arrest in Phoenix, AZ can be overwhelming. Even though it is sometimes categorized as a misdemeanor, the consequences can be severe, making it essential to have an experienced attorney by your side. If you need help with charges in Phoenix, Arizona, we’re always here for you. Contact the lawyers at Orent Law Offices at (480) 656-7301 to schedule a free consultation with a Phoenix resisting arrest lawyer.
Being charged with resisting arrest in Phoenix, Arizona, can lead to severe penalties and lasting impacts on your life. It’s crucial to have skilled legal representation to navigate your case effectively. Here’s how we can assist you:
If you’re facing resisting arrest charges in Phoenix, Arizona, your future is on the line, and we’re committed to helping you. Contact Orent Law Offices to schedule a free consultation with a Phoenix criminal defense attorney.
In Arizona, the legal definition of resisting arrest encompasses a range of actions that intentionally obstruct law enforcement during the arrest process. This can manifest in various forms, including:
Regardless of your innocence, resisting arrest is illegal. Engaging in any form of resistance, whether active or passive, can lead to additional charges and complicate your legal situation further.
While the statute on resisting arrest may seem somewhat ambiguous, this vagueness can be advantageous for defendants. Contact us today to schedule a free consultation to help develop a defense strategy.
Anyone facing such charges must understand the penalties associated with resisting arrest in Phoenix. The consequences can vary significantly based on the nature of the resistance and the defendant’s criminal history.
Resisting arrest may be classified as a Class 1 misdemeanor if it falls under passive resistance as outlined in § 13-2508(A)(3). The penalties for this include:
When resisting arrest is not passive, it is charged as a Class 6 felony, and the repercussions are significantly more severe. The potential penalties include:
Individuals facing these charges need to consult with legal professionals experienced in these matters to ensure they understand their rights and the potential consequences they may encounter.
Under Arizona Revised Statutes § 13-604, a charge of resisting arrest, classified as a non-dangerous Class 6 felony, can be downgraded to a misdemeanor. The prosecutor or the presiding judge can initiate this reduction.
Even if a defendant is convicted after a trial, the judge has the discretion to substitute the felony charge with a misdemeanor. However, this opportunity is not available to individuals with multiple felony convictions on their record.
In determining whether to grant this reduction, factors such as the specifics of the incident, the defendant’s criminal history and character, and whether imposing a felony sentence would be excessively punitive are all taken into account.
When faced with a charge of resisting arrest, there are several defenses that may be raised to fight back. These defenses can provide a strong basis for challenging the prosecution’s case, depending on the specific circumstances of the incident. Common defenses include:
A critical aspect of any resisting arrest charge is intentional conduct. According to the statute, it must be demonstrated that the individual intended to prevent law enforcement from executing an arrest. This means that accidental or reckless actions do not constitute resisting arrest.
To use lack of criminal intent as a successful defense, it must be shown that the actions taken were not premeditated and were not aimed at obstructing law enforcement.
In certain limited circumstances, defendants may raise self-defense claims if they believe that the police officer used excessive force during the arrest. The law stipulates that no unnecessary or unreasonable force can be applied during the arrest process.
If a defendant can establish that the officer acted beyond what was required for lawful detention, this can form a valid defense against the charge of resisting arrest.
A distinction must be made between fleeing from an officer and resisting arrest, and this can be raised as a defense. The statute’s intent is not to categorize flight as resistance. For instance, if an individual is evading capture–such as fleeing on a bicycle–this behavior should be interpreted as an effort to flee rather than an active resistance.
In these cases, any pursuit or actions taken by law enforcement to apprehend the individual should be viewed within the context of their own decision-making, not as an indication of the defendant’s intent to resist.
Just as the crime of resisting arrest is complicated, so are some of the potential defenses. Trying to understand the nuances of resisting arrest and the viable defenses available is helpful for defendants, but the best way to ensure you are giving yourself the best chance to beat the charges is to contact a criminal defense lawyer.
If you’re facing charges of resisting arrest, it can feel overwhelming to navigate the legal system alone. Fortunately, help is always available. We invite you to reach out and schedule a free case evaluation with our experienced attorneys.
During this meeting, we’ll discuss the specifics of your situation, evaluate your options going forward, and answer any questions you have about your charges. It’s an opportunity for us to understand your needs better and figure out how we can support you through this challenging time. Contact Orent Law Offices to schedule a free consultation with a Phoenix resisting arrest attorney.
