Being accused of resisting arrest in Arizona can be confusing and intimidating, especially if the situation escalated quickly or the underlying arrest seemed unfair. Many people are surprised to learn that resisting arrest is a separate criminal offense that can be charged even when no physical violence occurs.
Understanding what constitutes resisting arrest, how the charge is classified, and what consequences may follow can help you better understand what is at stake.
What Is Resisting Arrest?
Resisting arrest generally refers to intentionally interfering with a law enforcement officer who is attempting to make an arrest. While the phrase often suggests physical confrontation, resisting arrest can involve a range of behaviors beyond fighting or striking an officer.
In many jurisdictions, the law focuses on whether a person knowingly acted in a way that delayed, obstructed, or prevented an officer from completing an arrest. This means the charge may apply even if the resistance is brief or does not involve violence.
Resisting arrest is commonly charged as a separate offense, regardless of whether the arrest itself ultimately results in a conviction.
What Actions Can Lead to a Resisting Arrest Charge?
Resisting arrest charges can stem from a variety of actions during a police encounter. In many cases, people do not realize that their behavior may be interpreted as resistance until charges are filed.
Actions that may lead to a resisting arrest charge include:
- Pulling away, tensing up, or refusing to be handcuffed
- Attempting to run or flee after an officer initiates an arrest
- Ignoring or refusing to follow lawful commands
- Blocking, pushing, or physically interfering with an officer
- Positioning the body in a way that prevents restraint
- Engaging in conduct that forces officers to use physical force
In some situations, resistance does not need to cause injury to result in charges. The focus is often on whether the behavior made the arrest more difficult or created a risk of harm.
Is Resisting Arrest a Misdemeanor or a Felony?
Whether resisting arrest is charged as a misdemeanor or a felony depends on the circumstances of the incident and the applicable law. In many cases, resisting arrest is charged as a misdemeanor when the conduct involves minimal force or nonviolent resistance.
However, the charge may be elevated to a felony when aggravating factors are present, such as:
- The use or threat of physical force against an officer
- Conduct that creates a substantial risk of injury
- Causing actual injury to a law enforcement officer
- Resisting arrest in connection with another serious offense
Because charging decisions often rely heavily on police reports and witness accounts, the same encounter can result in different classifications depending on how it is documented and prosecuted.
What Are the Penalties for Resisting Arrest?
The penalties for resisting arrest vary depending on whether the charge is classified as a misdemeanor or felony, as well as the defendant’s prior criminal history. Even misdemeanor convictions can carry meaningful consequences.
Potential penalties may include:
- Jail or prison time
- Criminal fines and court costs
- Probation or supervised release
- Mandatory counseling, classes, or community service
Beyond the immediate criminal penalties, a resisting arrest conviction can have long-term effects. A criminal record may interfere with employment opportunities, professional licensing, housing applications, and educational prospects. In some cases, it may also affect civil rights or immigration status.
Common Defenses to Resisting Arrest Charges
Resisting arrest cases are highly fact-specific, and potential defenses depend on the details of the encounter and the law in the relevant jurisdiction.
While no defense applies in every case, common issues raised in resisting arrest cases include:
- Lack of intent: The prosecution may need to show that the defendant intentionally resisted, not that the conduct was accidental or reflexive.
- Unclear arrest situation: Confusion, conflicting commands, or rapidly changing circumstances may be relevant to whether resistance was intentional.
- Excessive force: In some cases, resistance may be argued to have occurred in response to unreasonable force.
- Mistaken identity: Officers may incorrectly identify who was actually resisting in chaotic situations.
- Medical or physical limitations: Injuries, medical conditions, or disabilities may explain delayed compliance or limited movement.
Evidence such as body-camera footage, surveillance video, witness testimony, and medical records often plays a critical role in evaluating these defenses.
What Should You Do if You’re Charged With Resisting Arrest?
Being charged with resisting arrest can feel isolating, but early decisions can have a significant impact on how a case unfolds.
While every situation is different, you should generally consider:
- Reviewing all charging documents carefully
- Complying with court dates, bond conditions, and legal requirements
- Avoiding public discussion of the incident, including on social media
- Preserving any evidence related to the encounter, such as videos or witness information
- Speaking with an attorney about your case
Because resisting arrest cases frequently involve competing narratives between law enforcement and the accused, having experienced legal representation can be an important part of protecting your rights.
Contact Katsarelis Law Criminal Defense Attorneys to Speak With a Tucson Criminal Defense Attorney
A resisting arrest charge can carry serious penalties and lasting consequences, even when the underlying incident seems minor. If you are facing this type of charge in Tucson or elsewhere in Arizona, it is important to understand how state law applies to your situation and what options may be available. Katsarelis Law Criminal Defense Attorneys represents individuals charged with resisting arrest and other criminal offenses throughout Arizona. To learn more about how a resisting arrest charge may affect you, contact us at (520) 510-0439 to schedule a confidential consultation with a Tucson criminal defense lawyer.