Resisting Arrest Can Increase Your Criminal Sentence in Arizona
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:
- Uses or threatens the use of physical force against a police officer.
- Uses other means to create a substantial risk of causing injury to a police officer.
- 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.