No, you cannot legally resist an unlawful arrest in Arizona. State law enforcement has the right to charge you with misdemeanor or felony resisting arrest, depending on how you behaved while being taken into custody.
However, you have the right to fight back in court if you believe that you were unlawfully arrested. An experienced criminal defense attorney in Phoenix, AZ, can work with you to build a defense designed to question the validity of the charges brought against you.
Remember, you have the right to remain silent and the right to an attorney immediately upon your arrest in Arizona. Take advantage of those rights and get in touch with a criminal defense attorney right away to secure the support you need.
Understanding Unlawful Arrests in Arizona
Law enforcement officers in Arizona only enact lawful arrests when they have warrants requesting your arrest, or they have probable cause connecting you to a criminal act. Even then, officers cannot move forward with an arrest unless they identify themselves as police officers or make an arrest in uniform.
Officers do have the right to use reasonable force during an arrest, though the definition of “reasonable” remains flexible. Arrests must occur in public spaces or in spaces where an arrestee cannot reasonably expect to have privacy from the public.
As such, the criteria needed to establish the lawfulness of an arrest are high. However, even if an officer violates one of these standards, it’s in your best interest to cooperate with an arresting officer. Unfortunately, resisting an unlawful arrest in Arizona can result in criminal charges. You need to wait to fight back until you have a lawyer on your case.
Who Counts as Law Enforcement in Arizona?
Arizona law recognizes the following parties as law enforcement:
- Police officers
- Sheriffs
- Marshals
- Peace officers
- Prison guards
- Correctional officers
- Probation officers
- Park rangers, situationally
Private security guards and professionals associated with private institutions, not public or federal ones, do not count as law enforcement and subsequently do not have the right to arrest you for alleged criminal misconduct.
What Does Arizona Law Say About Resisting Arrest Charges?
If you’re placed under arrest and believe that the arrest may be unlawful, it is still in your best interest to cooperate. Unfortunately, A.R.S. § 13-2508 allows the state to charge arrestees with resisting arrest if an arrestee intentionally prevents their arrest.
You can intentionally prevent your arrest by:
- Putting an arresting officer at risk of physical injury.
- Threatening physical force.
- Acting on threats of physical force.
- Passively resisting arrest, or deliberately impeding attempts to move your arrest forward.
Some examples of passively resisting arrest may include refusing to leave your car or refusing to accept handcuffs. However, the definition of passively resisting and resisting, generally, is broad under Arizona law. That vague definition allows the courts to make individual decisions about defendants’ behavior, but it can also let defense attorneys question a charge’s validity.
What Consequences Can You Face for Resisting Arrest?
You cannot legally resist an unlawful arrest in Arizona, as the state can charge resisting parties with either misdemeanor or felony penalties. How you’re charged if you’re accused of resisting arrest will vary depending on any other charges leveled against you, as well as the alleged severity of your behavior at the time of your arrest.
You’re more likely to face a misdemeanor charge if you have a clean criminal history and don’t actively hurt the people at the scene around you. A misdemeanor resisting arrest charge can see you spend up to 180 days in jail while facing fines of up to $4,575. You may also have to undergo three years of probation in addition to mandatory counseling or community service.
If you’re accused of felony resisting arrest, you’re likely to face a Class 6 felony charge and up to two years in prison. You may face over five years in prison if you already have a felony criminal charge on your record. Fines for felony resisting arrest cap at $274,500. You may also face external consequences, including the loss of your job or housing.
How to Challenge Resisting Arrest Charges
If you’re unlawfully arrested and accused of resisting arrest, do not panic. You can exercise your right to an attorney and immediately secure legal representation from a tried-and-tested criminal defense attorney in Phoenix. Your attorney can go on to challenge the validity of your arrest while simultaneously questioning the resisting charges brought against you.
Our legal team can prevent vague language and intimidation tactics from denying you the justice you deserve. The sooner you get in touch with our staff, the sooner we can call the lawfulness of your recent arrest into question.
Contact a Criminal Defense Attorney in Phoenix Today
Do not wait to get in touch with a Phoenix criminal defense attorney. You have the right to protect yourself in court if you believe you’ve been wrongfully or unlawfully arrested. While you should not and cannot legally resist an unlawful arrest in Arizona, support from an experienced lawyer can make all the difference when you take your case to trial.
At Suzuki Law Offices, we’re here to be your voice in action. Our founding attorney, RJ Suzuki, is a former federal prosecutor who understands how criminal cases work. We’re ready to use that knowledge to further your case.
You can book a criminal defense consultation with our legal team today to learn more about the steps we can take to defend you against wrongful criminal charges.
Call or text (602) 682-5270 or complete a Free Case Evaluation form