Resisting Arrest in Arizona (ARS 13-2508)

TL;DR

Resisting arrest under A.R.S. 13-2508 in Arizona covers a wide range of conduct including using force, fleeing, and even passive resistance. The charge is a Class 6 felony when force is used or threatened, and a Class 1 misdemeanor for passive resistance. It is commonly stacked on top of other charges.

Most people hear “resisting arrest” and picture someone throwing punches at a police officer. The reality in Arizona is far broader than that. Under ARS §13-2508, you can be charged with resisting arrest for pulling your arm away during a handcuffing, running from an officer, going limp on the ground, or even giving a fake name during a stop. The charge does not require violence. It does not require intent to harm anyone. And depending on how the prosecutor classifies the conduct, it can be charged as a felony.

Arizona courts see resisting arrest charges stacked on top of other offenses constantly. A DUI stop turns into a felony case because the driver tensed up when the officer grabbed his wrist. A domestic violence call ends with both a misdemeanor assault charge and a separate resisting arrest count because the person tried to walk away before being told he was under arrest. These add-on charges carry real consequences, and they often become bargaining chips in plea negotiations that can reshape the outcome of the entire case. See our guide on assault versus aggravated assault for the full breakdown.

The Statute: ARS §13-2508 Resisting Arrest

Arizona’s resisting arrest law is found at ARS §13-2508. The statute reads:

A. A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to the defendant to be a peace officer, acting under color of such peace officer’s official authority, from effecting an arrest by:

Using or threatening to use physical force against the peace officer or another person.

Using any other means creating a substantial risk of causing physical injury to the peace officer or another person.

Engaging in passive resistance.

The word “intentionally” matters. The state must prove that the defendant acted with purpose, not just reflexively or accidentally. Flinching when someone grabs you from behind is not the same as deliberately pulling away from a known officer. The distinction between a reflexive reaction and an intentional act of resistance is one of the most common areas of dispute in these cases.

The phrase “reasonably known to the defendant to be a peace officer” also carries weight. If an officer is in plainclothes, has no badge visible, and never identifies himself, the prosecution faces a harder path to conviction. The defendant must have had reason to know the person trying to arrest them was actually law enforcement.

Elements the Prosecution Must Prove

To secure a conviction for resisting arrest in Arizona, the state must establish each of the following:

The defendant acted intentionally. Accidental or reflexive conduct does not satisfy this element. The defendant knew, or reasonably should have known, that the person was a peace officer. The officer was acting under the authority of their official role at the time. The defendant’s conduct actually prevented or attempted to prevent the arrest. The method of resistance falls into one of the three statutory categories: physical force or threats, conduct creating a risk of physical injury, or passive resistance.

If any one of these elements is missing, the charge should not hold up. Defense attorneys regularly challenge each element depending on the facts of the case.

What Counts as Resisting Arrest in Arizona

The statute covers three distinct categories of resistance. Each one carries different potential penalties, and each one shows up in different factual scenarios.

Physical Resistance and Threats of Force

This is the most serious form of resisting arrest. It includes punching, kicking, pushing, biting, or headbutting an officer during an arrest. It also includes verbal threats of violence if those threats are specific enough to constitute a genuine threat of physical force. Shoving an officer away while being handcuffed falls squarely into this category. So does grabbing at an officer’s equipment or weapon during a struggle.

Physical resistance does not have to result in injury to the officer. The statute covers the use or threatened use of force, not the successful infliction of harm. An unsuccessful attempt to push an officer away is treated the same as a push that actually moves the officer.

Creating a Substantial Risk of Physical Injury

The second category covers conduct that does not involve direct force against the officer but still creates a dangerous situation. Fleeing from an officer on foot through traffic is one example. Driving away from a traffic stop at high speed is another. Throwing objects, even if they miss, or barricading yourself inside a room while officers attempt to enter can also fall under this provision. Our overview of dangerous offense classifications goes deeper into the rules.

The key language is “substantial risk.” Minor movements or passive conduct typically do not meet this threshold. The state has to show that the defendant’s actions created a real possibility that someone (the officer or a bystander) could have been physically injured.

Passive Resistance

Arizona specifically criminalizes passive resistance during an arrest. Going limp so officers have to carry you, locking your arms around a pole or railing, refusing to put your hands behind your back, or sitting down and refusing to move all count as passive resistance under ARS §13-2508(A)(3).

The legislature added this provision because officers were encountering situations where individuals would not use force but would make arrests physically impossible to carry out through non-cooperation. The inclusion of passive resistance in the statute is significant because it means a person can be charged with resisting arrest without doing anything aggressive at all.

Providing False Information During an Arrest

While giving a false name during a police encounter can lead to separate charges under other statutes, providing false identifying information during the arrest process can also be treated as a form of resistance. If the false information is given to prevent or delay the completion of an arrest (for example, giving a fake name to avoid an outstanding warrant being discovered), prosecutors may argue the conduct falls under the “any other means” language in the statute. More commonly, false identification during an arrest leads to additional charges under ARS §13-2907.01 (false reporting to law enforcement), which stacks on top of the resisting arrest charge.

ARS §13-2508.01: Passive Resistance Provisions

Arizona law includes a separate but related provision at ARS §13-2508.01 that addresses passive resistance specifically. This section was enacted to distinguish between active, dangerous resistance and non-violent non-cooperation. Under this provision, passive resistance that does not involve force, threats, or a risk of physical injury is classified less severely than resistance involving violence.

The practical effect is that a person who goes limp on the ground and refuses to stand up faces a less serious charge classification than a person who shoves an officer. Both are resisting arrest, but the law treats them differently when it comes to sentencing. This distinction matters enormously at the plea negotiation stage, where the difference between a misdemeanor and a felony can determine whether someone serves jail time or prison time, and whether they carry a felony record for the rest of their life.

Classification and Penalty Ranges

Resisting arrest in Arizona is not a single-tier offense. The classification depends on which subsection of the statute applies, which in turn depends on what the defendant actually did.

Class 6 Felony: Physical Force or Threats

When the resistance involves physical force against the officer, threats of physical force, or conduct that creates a substantial risk of physical injury, the charge is a Class 6 felony. This is the most serious classification for resisting arrest.

For a first-time felony offender with no prior record, a Class 6 felony carries a sentencing range of probation up to 1 year in prison, with a presumptive prison term of 1 year. The mitigated term is 0.33 years (4 months). The aggravated term is 2 years. If the defendant has one prior felony conviction, the range shifts to 0.75 to 2.75 years. With two or more prior felonies, the range is 2.25 to 5.75 years.

Probation is available for a Class 6 felony, and judges grant it regularly for first-time offenders when the conduct was on the lower end of the physical resistance spectrum. But probation is not guaranteed, and the judge has full discretion to impose prison time within the statutory range.

Arizona also allows a Class 6 felony to be designated as a Class 1 misdemeanor in certain situations. This is called “open” designation, and it gives the judge the option to treat the conviction as a misdemeanor for sentencing purposes. Defense attorneys often push for this designation because it avoids the long-term collateral consequences of a felony conviction.

Class 1 Misdemeanor: Passive and Other Non-Violent Resistance

When the resistance is passive (going limp, refusing to comply with physical commands, locking arms) and does not involve force or a risk of injury, the charge is a Class 1 misdemeanor.

A Class 1 misdemeanor in Arizona carries up to 6 months in jail, up to 3 years of probation, and fines up to $2,500 plus surcharges. The surcharges in Arizona criminal cases routinely push the actual financial penalty well above the stated fine amount. A $2,500 fine often becomes $4,000 or more after surcharges are applied.

Even as a misdemeanor, a resisting arrest conviction goes on the defendant’s criminal record. It shows up in background checks. It can affect employment, housing applications, and professional licensing. The fact that it involves law enforcement contact and resistance to authority makes it a charge that future employers and licensing boards view with particular scrutiny.

Resisting Arrest Alongside Other Charges

Resisting arrest is almost never a standalone charge. Prosecutors file it alongside the underlying offense that led to the arrest in the first place, and sometimes alongside additional offenses that arose during the arrest itself.

DUI Arrests

Resisting arrest comes up constantly in DUI cases. An officer conducts a traffic stop, suspects impairment, and attempts to place the driver under arrest. The driver pulls away, refuses to exit the vehicle, or tenses up during handcuffing. What started as a DUI charge now includes a resisting arrest count. If the resistance involved physical force, the DUI defendant is facing a felony on top of the DUI. This changes the entire posture of the case and the defendant’s exposure at sentencing.

Domestic Violence Calls

When officers respond to a domestic violence call and attempt to arrest someone, resistance during the arrest is common. The person may try to walk away, refuse to come to the door, or struggle when officers try to handcuff them. The resisting arrest charge stacks on top of whatever domestic violence offense is being charged (assault, disorderly conduct, criminal damage). In Maricopa County and Mohave County, prosecutors routinely file both charges and use the resisting arrest count as additional pressure during plea negotiations.

Assault on an Officer

If the resistance crosses the line into actual assault or aggravated assault, the defendant may face both a resisting arrest charge and a separate assault on a law enforcement officer charge under ARS §13-1204(A)(8). Aggravated assault on an officer is a Class 5 felony with a presumptive prison term of 1.5 years. The overlap between resisting arrest and assault on an officer is significant, and prosecutors sometimes file both charges based on the same set of facts, giving them more room to negotiate pleas.

Weapons Cases

Resisting arrest during an encounter where the defendant is armed raises the stakes considerably. If an Arizona weapons charge is already in play (prohibited possessor, concealed weapon without a permit in certain contexts, or misconduct involving weapons), adding resisting arrest creates a multi-count felony case that carries substantial prison exposure.

Defenses to Resisting Arrest in Arizona

Resisting arrest charges are defensible. The statute’s specific language and the circumstances of most arrests create openings that experienced defense attorneys can press.

Unlawful Arrest

Can you legally resist an unlawful arrest in Arizona? The short answer is no, with qualifications. Arizona follows the majority rule in American jurisdictions: a person generally cannot use force to resist an arrest, even if the arrest is later determined to be unlawful. The legal remedy for an unlawful arrest is to challenge it in court after the fact, not to physically resist it on the street.

However, the unlawful nature of the arrest is still relevant to the defense. If the officer lacked probable cause, had no warrant, or exceeded the scope of their authority, a defense attorney can argue that the arrest was not legally valid and that the resisting arrest charge should be dismissed on that basis. The argument is not that the defendant had the right to resist. The argument is that the officer was not “effecting an arrest” within the meaning of the statute because the arrest itself was legally deficient. Courts have been receptive to this argument in cases where the lack of legal basis for the arrest is clear.

Lack of Knowledge of Officer Status

The statute requires that the defendant “reasonably knew” the person was a peace officer. This element fails when officers are in plainclothes, unmarked vehicles, or otherwise not identifiable as law enforcement. If an officer in street clothes grabs someone without first identifying himself, the person’s resistance may be a natural reaction to a perceived assault by a stranger, not resistance to a known officer.

Defense attorneys challenge this element by examining what the officer was wearing, whether a badge was visible, whether the officer verbally identified himself, and how quickly the encounter escalated. Body camera footage and witness testimony are critical to this analysis.

Excessive Force by the Officer

When an officer uses excessive force during an arrest, the defendant’s response to that force may not constitute resisting arrest. If an officer is striking a person who is already on the ground and compliant, and the person raises their arms to protect their head, that defensive reaction is not resistance. Arizona law under ARS §13-409 authorizes officers to use reasonable force to effect an arrest, but it does not authorize unlimited force.

The excessive force defense requires showing that the officer’s actions went beyond what was reasonable under the circumstances, and that the defendant’s conduct was a response to that excessive force rather than an attempt to prevent the arrest. This defense works best when there is video evidence, medical records showing injuries consistent with excessive force, or witness testimony corroborating the defendant’s account.

No Actual Arrest Occurring

The statute applies to resistance during an arrest. If no arrest was taking place, or if the officer was merely conducting an investigative detention (a “Terry stop”) rather than placing someone under arrest, the resisting arrest charge may not apply. The difference between a detention and an arrest is a frequent point of dispute. Officers sometimes escalate detentions into physical encounters without clearly communicating that the person is under arrest. If the person did not know they were being arrested because the officer never said so, the defense has an argument that the elements of the statute were not met.

Reflexive or Involuntary Conduct

The statute requires intentional conduct. A person who flinches, pulls back reflexively when touched unexpectedly, or tenses up due to pain (for example, if an officer twists an injured arm) is not acting intentionally. Medical evidence, testimony about pre-existing injuries, and the speed of the encounter all feed into this defense. The prosecution must prove that the defendant chose to resist, not that the defendant’s body reacted to stimulus.

Use of Force by Officers During Arrest: ARS §13-409

Arizona law at ARS §13-409 authorizes peace officers to use physical force to make an arrest when the officer reasonably believes the force is immediately necessary. The statute permits the level of force a “reasonable person” would find necessary under the circumstances. It does not authorize deadly force except in situations where the officer or others face a threat of death or serious physical injury.

This statute matters in resisting arrest cases for two reasons. First, it defines the scope of lawful force the officer can use, which sets the boundaries for the excessive force defense. Second, it means that officers are expected to use some force during arrests when necessary, which means the mere fact that force was used does not prove that the defendant was resisting. Officers use force during compliant arrests as well (controlling arms during handcuffing, pushing a head down to enter a patrol car). The question is always whether the defendant’s conduct crossed the line from normal human reaction to intentional resistance.

Body Camera and Witness Evidence

Body camera footage has become one of the most important pieces of evidence in resisting arrest cases. Arizona law enforcement agencies have increasingly adopted body cameras, and the footage they capture often tells a very different story than the one in the police report.

Officers write reports from their perspective, and those reports tend to describe the defendant’s conduct in terms that support the charges. Body camera footage provides an objective record of what actually happened: the officer’s tone, the defendant’s body language, the timing of events, whether the officer identified himself, how much force the officer used, and whether the defendant’s “resistance” was really just a flinch or an attempt to maintain balance.

Defense attorneys should request body camera footage immediately. If no footage exists (because the camera was off, malfunctioned, or was not activated), that absence itself can be used at trial. Jurors expect body camera evidence in 2026, and the lack of it raises questions about what the footage would have shown.

Witness testimony from bystanders, passengers, or other officers on scene can also contradict or complicate the arresting officer’s account. In many resisting arrest cases, the only witnesses are the officer and the defendant, which makes any third-party testimony extremely valuable.

If you have been booked into jail on a resisting arrest charge, preserving evidence should be an immediate priority once you are released. Surveillance camera footage from nearby businesses, dashcam footage from other vehicles, and cell phone recordings from witnesses can all disappear if not secured quickly.

Impact on Plea Negotiations

Resisting arrest is one of the most effective pressure charges in a prosecutor’s toolbox. Because it is charged alongside other offenses, the resisting arrest count gives the prosecutor an additional card to play during negotiations.

Here is how it works in practice. A defendant is charged with DUI and resisting arrest. The DUI alone might result in a standard first-offense plea with minimal jail time. But with the resisting arrest count on the table (especially if it is charged as a felony), the prosecutor can offer to dismiss the resisting arrest in exchange for the defendant accepting a less favorable plea on the DUI. The defendant feels like they are getting a deal because a charge is being dropped, but the net result may be harsher terms on the underlying offense than they would have received without the add-on charge.

Defense attorneys who recognize this dynamic can push back effectively. If the resisting arrest charge is weak (because the elements are disputed, the evidence is thin, or the conduct was minor), the defense can call the prosecutor’s bluff and force them to either take the weak charge to trial or drop it without extracting concessions on the other counts.

Resisting arrest charges also affect the defendant’s ability to avoid additional consequences for failing to appear at future court dates. A defendant with a pending resisting arrest charge who misses a court date faces compounding legal problems that become increasingly difficult to resolve.

Felony Consequences Beyond Prison Time

A felony resisting arrest conviction carries consequences that extend far beyond whatever sentence the judge imposes.

Criminal record. A Class 6 felony conviction stays on the defendant’s record. Arizona does have a process for setting aside felony convictions under ARS §13-905, but the conviction never fully disappears. Background checks will still show the original conviction alongside the set-aside notation.

Employment. Many employers run background checks, and a felony conviction for resisting arrest raises red flags. The charge signals conflict with law enforcement, which makes employers in fields involving trust, security, or public contact hesitant to hire. Government jobs, positions requiring security clearances, and roles in healthcare, education, and finance are particularly affected.

Professional licensing. Attorneys, nurses, real estate agents, CPAs, and other licensed professionals in Arizona must disclose felony convictions to their licensing boards. A resisting arrest conviction can trigger disciplinary proceedings, license suspension, or denial of a license application.

Firearm rights. A felony conviction in Arizona results in the loss of the right to possess firearms. This right can be restored, but the process requires completing all terms of the sentence and waiting a specified period before petitioning the court.

Housing. Landlords routinely screen for felony convictions. A resisting arrest felony can make it harder to secure rental housing, particularly in competitive markets.

Immigration consequences. For non-citizens, a felony conviction can trigger deportation proceedings, make the person inadmissible for future entry into the United States, or disqualify them from naturalization. Resisting arrest as a felony is treated as a crime involving moral turpitude in some immigration contexts, though this depends on the specific facts and the immigration judge’s analysis.

How Resisting Arrest Interacts With Other Charges

Understanding how resisting arrest fits into a multi-count case is essential for building the right defense strategy.

Resisting arrest is legally distinct from the underlying offense. An acquittal on the DUI does not automatically result in dismissal of the resisting arrest charge. A person can be found not guilty of the crime the officer was arresting them for and still be convicted of resisting the arrest itself. This seems counterintuitive, but it reflects the legal principle that the arrest process is protected regardless of whether the underlying charge is valid.

Conversely, a conviction on the underlying charge does not automatically prove resisting arrest. The state still has to prove each element of the resisting charge independently. The jury evaluates each count separately.

When officers use force during an arrest and the defendant is injured, the defense strategy may involve arguing that the officer’s conduct was the real problem, not the defendant’s. This argument works best when combined with a motion to suppress evidence obtained during the arrest. If officers searched the defendant’s phone during or after the arrest, the legality of the search and the legality of the arrest itself become intertwined. Suppressing evidence from an illegal search can weaken the prosecution’s case on all counts, including the resisting charge. Our overview of Fourth Amendment limits on searches goes deeper into the rules.

Frequently Asked Questions

Can I be charged with resisting arrest if I did not touch the officer?

Yes. Arizona’s statute covers passive resistance, which includes going limp, refusing to put your hands behind your back, or refusing to move. It also covers conduct that creates a risk of injury without direct contact, such as fleeing through traffic. Physical contact with the officer is not a required element of the offense.

Is resisting arrest always a felony in Arizona?

No. Resisting arrest involving physical force or threats, or conduct creating a substantial risk of injury, is a Class 6 felony. Passive resistance without force or a risk of injury is a Class 1 misdemeanor. The classification depends on the nature of the defendant’s conduct.

Can the resisting arrest charge be dropped if the underlying charge is dismissed?

Not automatically. Resisting arrest is a separate offense. The prosecution can proceed with the resisting charge even if the underlying offense that prompted the arrest is dismissed or results in an acquittal. However, the dismissal of the underlying charge may weaken the prosecution’s case and strengthen the defendant’s position in negotiations.

What if the officer never told me I was under arrest?

This is a viable defense. If the officer did not communicate that you were being placed under arrest, and a reasonable person in your position would not have known an arrest was occurring, the defense can argue that the “effecting an arrest” element of the statute was not met. The strength of this argument depends on the specific circumstances.

Can I resist if the officer is using excessive force?

Arizona law does not give you an unlimited right to resist excessive force. However, defensive reactions to unreasonable force (raising your arms to protect your head, turning away from blows) may not constitute intentional resistance under the statute. Excessive force by the officer also supports a motion to dismiss the charges and may give rise to a separate civil rights claim.

Will a resisting arrest conviction show up on a background check?

Yes. Both felony and misdemeanor resisting arrest convictions appear on Arizona criminal background checks. Even if the conviction is later set aside under ARS §13-905, the original conviction and the set-aside notation will both be visible to anyone running a check.

How does resisting arrest affect my sentence on other charges?

Judges consider the totality of the defendant’s conduct at sentencing. A resisting arrest conviction alongside another offense can result in a harsher sentence on both counts. The judge may view the resistance as an aggravating factor that reflects poorly on the defendant’s character and willingness to comply with law enforcement.

Should I fight a resisting arrest charge or just plead guilty?

That depends entirely on the facts. Many resisting arrest charges are defensible because the elements are specific and the conduct in question is often ambiguous. Reflexive movements, lack of officer identification, excessive force, and the absence of a lawful arrest are all viable defenses. An experienced criminal defense attorney can evaluate the evidence and advise you on whether trial or negotiation gives you the better outcome.

Protect Your Rights After a Resisting Arrest Charge

A resisting arrest charge in Arizona can turn a misdemeanor case into a felony case and a manageable situation into one with lasting consequences. The penalties are real, but so are the defenses. What matters now is getting experienced representation before the charge hardens into a conviction.

Rideout Law Group defends clients against resisting arrest charges and the full range of offenses these charges accompany. We review body camera footage, challenge the legality of the arrest, and fight charges that prosecutors stack as pressure tools rather than as genuine cases.

Call today for a free consultation:

Scottsdale Office: 480-584-3328

Lake Havasu City Office: 928-854-8181

Related Resources From Rideout Law

Key Takeaways

A.R.S. 13-2508 covers using force, threatening force, or creating substantial risk of injury during an arrest.
Passive resistance, such as going limp or pulling away, is a Class 1 misdemeanor.
Use or threat of force makes resisting arrest a Class 6 felony.
The arrest itself does not need to be lawful for the charge to apply, only that the officer was acting under color of authority.
Resisting arrest is frequently stacked with the underlying charge, creating leverage in plea negotiations.

Arizona Statute References

Statute citations in this article reference the Arizona Revised Statutes (A.R.S.). Read the full text on the Arizona Legislature website:

A.R.S. 13-2508: Arizona Revised Statutes
A.R.S. 13-2509: Arizona Revised Statutes
A.R.S. 13-2810: Arizona Revised Statutes

Talk to a Rideout Law Group Attorney

If you are facing criminal charges in Arizona, the decisions you make in the first few days can shape the rest of your case. Rideout Law Group represents clients across Maricopa and Mohave County from offices in Scottsdale and Lake Havasu City.

Call (480) 584-3328 for a free consultation, or contact us online to schedule a confidential review of your case.

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship between you and Rideout Law Group. Every criminal case turns on specific facts, court of jurisdiction, and procedural posture. If you are facing charges in Arizona, consult a licensed Arizona criminal defense attorney about your individual situation. Past results do not guarantee future outcomes.