Resisting Arrest Defense Attorney in Phoenix, AZ

Resisting arrest in Phoenix can lead to serious consequences, including earning a class 1 misdemeanor or a class 6 felony on your criminal record. Arizona defines resisting as intentionally preventing the arrest with physical threats, risk of physical injury, or passive refusal. Engaging in this behavior can result in jail time, monetary fines, and probation. If you’re being charged with resisting arrest, you should get in touch with our law firm immediately. ‍

At Charity Clark Law, we handle every case with compassion and understanding. Our team holds no bias when taking an in-depth look at your circumstances and forming a sound defense strategy. We offer a free consultation so you can sit down with our defense attorney and explain your situation. Then, we’ll help you understand what you can expect moving forward in terms of court hearings, the prosecution, and other factors surrounding your case. We’ll provide a custom quote to ensure our efforts are tailored specifically to you and your needs as a client, and offer as much guidance as possible while you make this difficult choice of who should represent you. Together, we will work tirelessly to protect your rights if you’ll let us.

There are 3 ways to resist arrest in Arizona, and each one carries a separate penalty. Here is an-depth look at each one: 

• Physical Threats - If the offender resists arrests by threatening physical harm to law enforcement or anybody else, they may receive a class 6 felony. This is a more severe charge than passive resisting. The penalties for first time offenders can include probation, up to 2 years in prison, and fines. For those with previous felony convictions, sentencing can increase up to 5.75 years in prison with higher fines. 
  ‍
• Risk of Physical Injury - If the offender engages in acts like kicking the officer, pushing them away, or throwing a punch, they can receive a class 6 felony. The penalties are similar to those resulting from physical threats and can include 2 years in prison, probation, and fines for first time offenders. 
  ‍
• Passive Resisting - Passive resisting is less severe than physical threats or risk of injury, but it still warrants a charge against you. The offender passively resists if they make their body go limp during the arrest, run from the officers, hide during the arrest, refuse to open the door for law enforcement, or other similar behaviors. This can result in a class 1 misdemeanor and the associated penalties. Some of these include 6 months in jail, $2,500 in fines, and 3 years probation. 

It’s important to know that some courts may reduce the charge to a misdemeanor if it’s a non-violent felony. This would fall at the discretion of the judge and the prosecution, and may depend on factors like your criminal history and the nature of the current crime. 

At Charity Clark Law, we know resisting arrest charges can be complex to navigate. That’s why our experienced team offers in-depth case knowledge and criminal defense expertise to help you defend your rights in court. We take a creative approach to situations like yours and build unique arguments that turn the case decision in your favor.

At Charity Clark Law, we use every detail of your specific case to craft a unique defense strategy. Our team’s focused efforts ensure we create the best arguments for our clients, rather than using cookie cutter tactics the courts have seen a million times prior. 

With that being said, there are certain techniques that can make your defense even stronger. Some of these include: 

• Lack of Criminal Intent - Arizona law requires that you intentionally resist arrest for a charge to occur. Therefore, proving it was accidental and without purpose can aid your defense. 
• Conflicting Video Evidence - You may be able to present body cam footage that conflicts with officer testimony. 
• Unaware of Officer Status - You must be aware you’re being arrested in order to resist. If you don’t know the person is an officer, you can use this as a defense. 
• Constitutional Violations - If any constitutional violations occur during the arrest, it may void certain pieces of evidence and contribute to a case decision in your favor. Some constitutional violations can include unlawful search, coerced confessions, and more. 

Keep in mind that each of these defenses must be crafted in a specific manner to carry their weight. That’s why it’s crucial to work with an experienced criminal defense attorney that knows how to present each one correctly.

At Charity Clark Law, our legal team brings creativity to complex cases such as first resisting arrest charges. With our firm’s 12+ years of felony trial experience and a history defending crimes of this nature, your case will have a strong and strategic defense completely custom to your circumstances.

We provide a free consultation with our criminal defense attorney to discuss your specific charges. This evaluation helps us build a unique quote that fits each aspect of your case. Our defense attorney will also give you an understanding of what you will potentially be faced with based on the prosecutor assigned to your case and the court that will be handling your case. Once that consultation is complete, you will have all of the crucial information necessary to decide if our firm will represent you in your case. Give us a call or email us using our contact form to schedule your free consultation.

Our firm serves many cities and counties throughout Arizona. If your court case or potential charges are in Maricopa, Pinal, Pima, Yavapai or Coconino county, then contact us today to schedule a free consultation!

‍