Arizona criminal charge
Resisting arrest in Arizona
Resisting arrest is a criminal offense under Arizona law, defined by A.R.S. § 13-2508. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 13-2508.
What is the penalty for resisting arrest in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 18 months (Resisting arrest by force or risk of injury — Applies when resisting arrest is committed under subsection A, paragraph 1 (using or threatening physical force) or paragraph 2 (using means creating a substantial risk of physical injury).; presumptive 1 year; mitigated .33 years / aggravated 2 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges; a class 6 felony may be designated a class 1 misdemeanor under 13-604) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Resisting arrest by force or risk of injury — Applies when resisting arrest is committed under subsection A, paragraph 1 (using or threatening physical force) or paragraph 2 (using means creating a substantial risk of physical injury).; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | up to 6 months (Resisting arrest by passive resistance — Applies when resisting arrest is committed under subsection A, paragraph 3 by engaging in passive resistance.; definite term served outside state prison (13-707(A)(1)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $2,500 (Resisting arrest by passive resistance — Applies when resisting arrest is committed under subsection A, paragraph 3 by engaging in passive resistance.; 13-802(A)) | discretionary | A.R.S. § 13-707 |
Applies to first felony offense, non-dangerous; presumptive term 1 year.
How is resisting arrest classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Resisting arrest by force or risk of injury | Class 6 Felony | Applies when resisting arrest is committed under subsection A, paragraph 1 (using or threatening physical force) or paragraph 2 (using means creating a substantial risk of physical injury). | A.R.S. § 13-2508B |
| Resisting arrest by passive resistance | Class 1 Misdemeanor | Applies when resisting arrest is committed under subsection A, paragraph 3 by engaging in passive resistance. | A.R.S. § 13-2508B |
Common questions about resisting arrest in Arizona
Is resisting arrest a felony or a misdemeanor in Arizona?
It depends on the circumstances: resisting arrest ranges from a Class 1 Misdemeanor to a Class 6 Felony in Arizona under A.R.S. § 13-2508.
Resisting arrest by force or risk of injury: Class 6 Felony (A.R.S. § 13-2508B) · Resisting arrest by passive resistance: Class 1 Misdemeanor (A.R.S. § 13-2508B)
What are the penalties for resisting arrest in Arizona?
Which Arizona statute covers resisting arrest?
Resisting arrest is governed by A.R.S. § 13-2508 (Resisting arrest; classification; definition).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.