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Taylor Law Group
RESISTING ARREST DEFENSE

Resisting Arrest Defense in Tucson

Resisting arrest charges are frequently added to other charges and can sometimes be the only charge after an encounter with law enforcement. These cases often involve disputes about what actually happened during the arrest.

A.R.S. § 13-2508

Understanding the Charge

Under A.R.S. 13-2508, a person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to be a peace officer from effecting an arrest. This includes using or threatening to use physical force, creating a substantial risk of physical injury, or engaging in passive resistance that requires the officer to use physical force. The statute requires that the defendant knew or reasonably should have known they were dealing with a law enforcement officer.

Resisting arrest is a Class 6 felony, making it a serious charge that can result in prison time. It is frequently added to other charges stemming from the same incident, such as assault, disorderly conduct, or DUI. In some cases, resisting arrest may be the only charge filed when the underlying basis for the arrest is weak.

Potential Penalties

Class 6 Felony4 months to 2 years prison for first offense
Enhanced PenaltiesPrior felony convictions can significantly increase the sentencing range
Additional ChargesResisting arrest is often charged alongside assault on a police officer, which carries its own severe penalties

How Doug Defends

  • Challenging the legality of the underlying arrest, because if the arrest itself was unlawful, the resisting arrest charge may fail
  • Arguing that the defendant's conduct was a natural reaction to pain or discomfort during the arrest rather than intentional resistance
  • Challenging the officer's characterization of events through body camera footage, witness testimony, and medical records

Doug Taylor evaluates resisting arrest charges by examining what happened before, during, and after the arrest. He understands that these charges are sometimes added reflexively and that the facts often tell a more nuanced story than the police report suggests.

Douglas W. Taylor, Sr.Former Pima County Justice Court Judge

Resisting Arrest Charges in Tucson?

These charges often have a more complex story than the police report tells. Call for a consultation.

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