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Resisting Arrest Can Increase Your Criminal Sentence in Arizona

Posted by attorney Jeremy Geigle

Being arrested is not a fun experience, and it can be a natural reaction to resist confinement. However, resisting arrest can range from a class 1 misdemeanor to a class 6 felony, depending on the amount of resistance.

A.R.S. 13-2508 states that a person is guilty of resisting arrest in Arizona if that person:

  1. Uses or threatens the use of physical force against a police officer.
  2. Uses other means to create a substantial risk of causing injury to a police officer.
  3. Engages in passive resistance.

A person who violates paragraphs 1 or 2 of this section is guilty of a class 6 felony. A person who violates paragraph 3 of this section is guilty of a class 1 misdemeanor.

A class 6 felony conviction comes with a 6-18 month prison sentence and a class 1 misdemeanor conviction comes with a maximum sentence of 6 months in jail.

A resisting arrest charge is a crime that is tacked onto whatever crime you were originally arrested for.

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