What You Should Know About ARS §13-2508
Facing a charge of resisting arrest in Arizona is a serious matter. Even if the original reason for your arrest was minor, a resisting charge can escalate your legal situation quickly—especially in Scottsdale and Maricopa County.
At Rideout Law Group, we represent individuals accused of resisting arrest under ARS §13-2508, offering aggressive legal defense and client-first advocacy.
What Is Resisting Arrest Under ARS §13-2508?
Arizona Revised Statutes §13-2508 defines resisting arrest as intentionally preventing or attempting to prevent a law enforcement officer from making an arrest by either:
- Using or threatening physical force
- Creating a substantial risk of physical injury to the officer
- Engaging in passive resistance (in certain contexts)
Importantly, this law applies even if the arrest itself is unlawful, as long as the officer is acting in an official capacity.
Types of Resisting Arrest Charges
Under Arizona law, resisting arrest can be charged as either a felony or misdemeanor, depending on how the individual allegedly resisted:
🔸 Class 6 Felony
If you’re accused of using or threatening physical force against an officer or creating a substantial risk of injury, you may face a Class 6 felony.
Penalties can include:
- Up to 2 years in prison
- Felony record
- Probation, fines, and community service
🔸 Class 1 Misdemeanor
If the resistance was passive—such as refusing to stand, going limp, or not complying with verbal commands—this is often charged as a Class 1 misdemeanor.
Penalties may include:
- Up to 6 months in jail
- $2,500 fine
- Probation
Common Defenses to Resisting Arrest Charges
At Rideout Law Group, our Scottsdale attorneys analyze every detail of your arrest. Potential defenses include:
- Lack of intent: You didn’t knowingly resist or weren’t aware it was a lawful arrest.
- Excessive force by police: Officers escalated the situation unnecessarily.
- Unlawful arrest or mistaken identity: You were wrongly targeted or misidentified.
We aim to have charges dismissed or reduced—especially when resisting arrest is filed alongside other offenses like disorderly conduct or DUI.
Why Hire a Scottsdale Criminal Defense Attorney?
Local experience matters. Our team, led by attorneys like Brad Rideout, knows the prosecutors, judges, and court procedures in Scottsdale and throughout Maricopa County.
We provide:
- ✅ Same-day case evaluations
- ✅ Skilled felony and misdemeanor defense
- ✅ Client-focused, nonjudgmental representation
Get Help Now
If you or someone you love is facing a resisting arrest charge under ARS §13-2508, don’t navigate it alone. The consequences are real—but so are your rights.
📞 Call our Scottsdale office at (480) 584-3328 or contact us online for a free consultation.