Understanding Passive Resistance Under Arizona Law
In Arizona, many people are surprised to learn they can be charged with resisting arrest even if they don’t physically fight back or try to flee. Simply remaining still or refusing to comply with police commands may be considered a form of “passive resistance”—and it can still carry criminal consequences.
So, can you legally resist arrest without moving? The short answer is no—remaining motionless or refusing verbal commands can still be seen as resisting arrest under Arizona law.
Let’s break this down.
What Does Arizona Law Say About Resisting Arrest?
Under Arizona Revised Statutes §13-2508, resisting arrest doesn’t require you to hit, push, or run from a police officer. The law defines resisting arrest in three main ways:
- Using or threatening physical force against an officer
- Creating a substantial risk of physical injury
- Engaging in passive resistance (such as refusing to move, sit, stand, or allow handcuffs)
This third category—passive resistance—is where many people get caught off guard. If an officer is lawfully arresting you and you simply remain limp, drop to the ground, or refuse to cooperate, they can still arrest you on misdemeanor charges of resisting.
What Is Passive Resistance?
Passive resistance refers to nonviolent but deliberate actions or inactions that delay or prevent an arrest. Common examples include:
- Going limp and refusing to stand or walk
- Lying down and refusing to be handcuffed
- Remaining motionless when told to put your hands behind your back
While these actions may not seem aggressive, they can interfere with an officer’s ability to complete the arrest—making it legally punishable.
Is Passive Resistance a Felony?
In most cases, passive resistance is charged as a Class 1 misdemeanor in Arizona. However, if your resistance escalates to include physical force or endangers an officer, it can become a Class 6 felony.
Even a misdemeanor resisting arrest conviction can carry serious consequences, including:
- Up to 6 months in jail
- Fines and probation
- A permanent criminal record
That’s why it’s critical to speak with an experienced Arizona criminal defense attorney if you’ve been charged with resisting arrest—regardless of whether you were physically resisting.
Can You Fight Resisting Arrest Charges?
Yes, an experienced lawyer may challenge the legality of the arrest, the officer’s interpretation of your behavior, or whether you were ever properly informed you were under arrest. In some cases, charges may be reduced or dismissed, especially if your actions were clearly nonviolent and your rights were violated.
At Rideout Law Group, our defense attorneys in Scottsdale and Lake Havasu have successfully defended clients facing resisting arrest charges tied to both active and passive resistance. We understand how law enforcement sometimes mislabels noncompliance as criminal behavior—and we fight to make sure your rights are protected.
What Should You Do if You’re Being Arrested?
If you’re being arrested—even unlawfully—it’s often in your best interest to cooperate physically, avoid escalating the situation, and challenge the arrest later in court. Passive resistance might feel like a form of protest, but in Arizona, it can still land you in jail.
Talk to an Arizona Criminal Defense Lawyer
If you’ve been charged with resisting arrest—whether you moved or not—don’t face it alone. Rideout Law Group offers aggressive legal defense for clients across Maricopa and Mohave counties. Our attorneys know how to navigate the nuances of Arizona criminal law and can help protect your future.
📞 Call us today at (480) 584-3328 in Scottsdale or (928) 854-8181 in Lake Havasu for a free case review.