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.
Need a Phoenix Lawyer for Resisting Arrest? Contact David Michael Cantor if you have been charged with Resisting Arrest. Call 602-307-0808 for a Free Initial Consultation.
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.
Possible Defenses Against Resisting Arrest Charges
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.
Additional Defenses
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.
The 17 Best Resisting Arrest Defenses
Why Hire a Board Certified Criminal Law Specialist?
When confronted with resisting arrest charges in Arizona, the decision to hire a Board Certified Criminal Law Specialist can make a substantial difference in the outcome of your case. Resisting arrest allegations can escalate quickly and lead to serious consequences, underscoring the necessity of having a skilled criminal defense attorney who specializes in this area of law. A Board Certified Specialist possesses a comprehensive understanding of Arizona law, the protocols surrounding arrests, and the nuances of resisting arrest charges, allowing them to offer a strategic defense tailored to your unique circumstances.
Resisting arrest incidents can vary widely, and the penalties associated with such charges can be severe. A Board Certified Criminal Law Specialist, like those at the DM Cantor law firm, is equipped to analyze the details of your arrest and subsequent events to ensure that your rights were upheld and proper procedures were followed. Their expertise extends to evaluating whether the arresting officer’s actions were within the boundaries of the law, which can be crucial when crafting a solid defense strategy. By engaging a specialist, you gain an attorney who is well-versed in defending clients against resisting arrest charges, mitigating potential repercussions and advocating for your rights.
Navigating the complexities of resisting arrest charges demands an attorney who is not only well-versed in Arizona law but also specializes in criminal defense. A Board Certified Criminal Law Specialist possesses the knowledge and experience to address the intricate legal intricacies surrounding resisting arrest allegations. By hiring a specialist, you are investing in an advocate who will tirelessly analyze the circumstances of your arrest, challenge any unjust actions, and develop a robust defense tailored to your case. In the face of resisting arrest charges, having a dedicated specialist on your side can mean the difference between a favorable resolution and enduring the potential consequences of such charges.
The effects of a Resisting Arrest conviction can be devastating. Even if a person is to receive Probation with no Jail, or a small Jail or Prison sentence, after they are released there will be lifelong effects on the Defendant. This can involve Lifetime Probation; job restrictions; apartment/dormitory restrictions or prohibitions; Professional Licenses being Revoked; loss or severe restriction of internet privileges; etc. Check the link below for information regarding what Collateral Consequences you or a loved one might be facing.
Mitigation
When it comes to “Mitigation” regarding a charge of Resisting Arrest, it is important to start that process right away. Not only can this help us with potentially convincing a Prosecutor to not file charges in the first place, but it may reduce the level of charges that they ultimately file. In addition, if there is a conviction later, this can be used to help reduce any type of Sentence if there is a “Range.” The Mitigating Factors which are considered by both the Prosecutor and the Courts includes Statutory and Non-Statutory elements.
Many items that we routinely include in our Mitigation Packages include Psychosexual Risk Evaluations; Polygraphs; Neuro-Psychological Evaluations; Counseling records; substance abuse Treatment and/or Rehabilitation; and a complete history of a person’s background. This can include Individualized Education Plans (IEPs), medical records, Counseling records, etc. Lastly. we often include what’s known as a “Proportionality Review/Sentencing Disparity” analysis in which we can show the Prosecutor and Court that similarly-situated Defendants received low Sentences. Click the link below to see a more detailed list of both Statutory and Non-Statutory Mitigating Factors.
