Click Here for Free Consultation

Resisting Arrest Charge

Watch this short video where David explains Resisting Arrest in Arizona:


Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-2508 “Resisting Arrest” occurs when a person intentionally prevents or attempts to prevent a person “reasonably” known to him to be Peace Officer and acting in his official authority, from effectuating an arrest by either using, or threatening to use physical force against the Peace Officer or another person, or using any other means creating a substantial risk of causing physical injury to the Peace Officer or another.

The statute is very broad, and criminalizes a wide range of conduct. Merely pulling away from an officer after they have grabbed you, or taking an offensive posture (i.e., a “fighting stance”) towards the officer when he/she is attempting to place you into custody are grounds for a Resisting Arrest charge.

Click To See Our Resisting Arrest Case Victories

Need a Phoenix Lawyer for Resisting Arrest? Contact David Michael Cantor if you have been charged with Resisting Arrest. Call 24/7 602-307-0808 for a Free Consultation.

If You Have Been the Victim of a Violent Crime – Click Here

Possible Punishment for Resisting Arrest

Resisting Arrest is a class six (6) felony. For a first offense a class six (6) felony, punishment can be probation with zero (0) days up to one (1) year in jail, or prison of four (4) months to two (2) years of incarceration. If the person has one (1) historical allegeable prior felony conviction, then the “prison only” range is nine (9) months to two and three quarters (2.75) years in prison. If the person has two (2) historical allegeable prior felony convictions, then the “prison only” range is two and one quarter (2.25) to five and three quarters (5.75) years of incarceration.

Free Consultation with a Criminal Defense Lawyer
– Click Here to Schedule –

Possible Defenses for Resisting Arrest

Resisting Arrest is one of the most easily defendable crimes charged in Arizona. All of the defenses to Resisting Arrest center around the defendant’s “Lack of Intent” to prevent the officer from effectuating an arrest. This occurs when the defendant is unaware that the person is a Peace Officer, thinks the officer has no grounds for a lawful arrest because he is acting outside of his authority, or is simply unaware that the officer is attempting to place him under arrest. For example, if an officer merely walks up and grabs your shoulder or arm from behind or turns you around for handcuffing, (without properly identifying himself or stating that he is placing you under arrest) and you react by pulling away, then you are not truly resisting his attempt because you did not know what he was doing. Many times officers find anything other than complete compliance to be justification for citing a citizen for Resisting Arrest. This is simply not the case. It is important to fight these allegations in order to prevent a simple underlying misdemeanor traffic stop from turning into a felony conviction.

Additionally, because our law firm fights conviction from all angles, we would assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous and diverse. One of those we frequently assert is a “Miranda rights violation.” In Arizona, the standard of whether any incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, the “denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what else you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; etc.. Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled Resisting Arrest lawyer to defend you who has knowledge of all the possible defenses to assert in your case.  Please view our Resisting Arrest case wins and be sure to ask other lawyers for their wins in Resisting Arrest cases.

If you have not been charged with
Resisting Arrest yet, but are in the
“pre-charge investigation stage” – Click Here Now


It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Phoenix Lawyer for Resisting Arrest and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it’s lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Phoenix Lawyers for Resisting Arrest know the system well. For a Free Initial Consultation, call us at 602-307-0808.

Contact The Law Offices of David Michael Cantor and speak to a Phoenix Lawyer for Resisting Arrest. We will assist you with your Resisting Arrest case.

Click to Watch Important Questions to Ask when Hiring a Lawyer

Request a Free Consultation

Fill out the form below to receive a free and confidential initial consultation.

Click here for important legal disclaimer.


10.0 Superb Rating
AVVO Criminal Defense

AV-Highest Rated Preeminent Lawyers

Nation's Top 1% Attorney
National Association of Distinguished Counsel

Super Lawyer
Criminal & DUI Defense

Top 100 Trial Lawyers
(Criminal Defense)

American Trial Lawyers Association

Client Satisfaction Award
American Institute of DUI / DWI Attorneys

Top 100 Lawyer
American Society of Legal Advocates

Top 10 DUI/DWI Law Firm
American Institute of DUI / DWI Attorneys

National College for DUI Defense

Top 10 Attorney
National Academy of Criminal Defense Attorneys

Charter Member
Trial Masters

DUI Defense Lawyers Association

Lifetime Charter Member
Best Attorneys of America

American Bar Foundation

Sustaining Member
Arizona Trial Lawyers Association

American Association for Justice

Life Member
Arizona Attorneys for Criminal Justice

Superior DUI Attorney
National Advocacy for DUI Defense

Member Since 1989
American Bar Association

Better Business Bureau
A+ Rating

Call 24/7 602-307-0808

40 N Central Ave, Ste 2300
Phoenix, AZ 85004
Click here for Directions

For Family Law questions please go to Cantor Law Group.
For Car Accident or Personal Injury Visit Cantor Injury Lawyers.
[contact-form-7 id="34943" title="Exit Intent"]