RESISTING ARREST LAWYER

TUCSON & SOUTHERN ARIZONA

Charged with Resisting Arrest (A.R.S. § 13-2508) in Tucson or Southern Arizona? Former Pima County Judge Doug Taylor defends these cases—felony “force/risk” allegations and misdemeanor “passive resistance.”

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  • Fact-Checked

    This page has been carefully written, edited, and reviewed by our team of legal professionals following strict editorial guidelines. It has been approved by our Founding Partner, Douglas W. Taylor, Sr., a seasoned criminal defense attorney with extensive legal experience. The “last modified” date indicates the most recent review of this page.

Last Modified: October 7, 2025

Tucson resisting arrest defense attorney meeting with client (A.R.S. § 13-2508)

RESISTING ARREST LAWYER IN TUCSON, ARIZONA

  • Resisting arrest cases turn on intent, identification, and body-cam timing—did you know the person was a peace officer, were they effecting an arrest, and was there force or substantial risk versus mere passive resistance? We move fast to secure video, reports, and witness statements and push for dismissals, reductions, or diversion where available.

Contact us today for a free initial consultation.

Understanding Arizona Resisting Arrest Laws — and How We Help You

What’s charged (A.R.S. § 13-2508):


  • Intentionally preventing or attempting to prevent a peace officer (known or reasonably known to be one) from effecting an arrest by using or threatening physical force, or by using any means creating a substantial risk of physical injury; or by passive resistance.


Felony vs. misdemeanor:



What the State must prove:


  • You intentionally tried to prevent an arrest in progress,
  • The person was a peace officer acting under color of authority,
  • You knew or reasonably should have known they were an officer,
  • The means used: force/threat/substantial risk or passive resistance,
  • Evidence ties the conduct to you (body-cam, witnesses, reports).


Common defenses we use:


  • No intent to resist / misunderstanding / medical limits
  • Not a peace officer or you didn’t know (plain clothes, poor ID)
  • No force or risk proved; facts don’t rise above mere words
  • Not “effecting an arrest” yet (detention vs. arrest)
  • Excessive force / self-defense issues (we analyze 13-404/13-405 facts)
  • Body-cam/video gaps (timing, angle, missing audio)
  • Unreliable witnesses / inconsistent reports


Penalties at a Glance


  • Class 6 felony (force/threat/risk): Mitigated 0.33 yrs · Min 0.5 yrs · Presumptive 1 yr · Max 1.5 yrs · Aggravated 2 yrs (A.R.S. 13-702).


  • Class 1 misdemeanor (passive resistance): Up to 6 months jail (13-707), $2,500 fine before surcharges (13-802), up to 3 years probation (13-902).
    Actual exposure depends on priors, “dangerous” findings, and local court practice.


Possible outcomes

  • Dismissals when elements or proof are weak
  • Reduction from felony to misdemeanor passive resistance
  • Diversion or other negotiated resolutions (where available)
  • Afterward, some clients pursue set-aside relief (case-specific)


What to do right now

  • Do not discuss the incident with anyone but your lawyer
  • Preserve phone video, texts, and clothing/medical records (if force alleged)
  • Write down who was present and any badge numbers you recall
  • Follow all release and no-contact terms
  • Get a defense plan moving quickly—early action creates better options

Need Help Now?

Resisting Arrest allegations can escalate quickly—especially when body-cam footage is in play. At Taylor Law Group, PLLC, you get clear guidance, focused investigation, and negotiation backed by nearly 25 years of criminal-law experience—led by a former Pima County Judge.


📞 Call or text (520) 440-5635 anytime, 24/7.


We’re here to fight for your rights and protect your future.

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 FAQs – Resisting Arrest


  What is “resisting arrest” in Arizona?
Intentionally preventing or attempting to prevent a peace officer from effecting an arrest by using or threatening force, by creating a substantial risk of injury, or by passive resistance—charged under A.R.S. § 13-2508.


  Is resisting arrest a felony or a misdemeanor?
It depends on the facts. Force/threat/substantial-risk cases are usually Class 6 felonies; passive resistance is a Class 1 misdemeanor.


  What counts as “passive resistance”?
A non-violent physical act or failure to act meant to impede an arrest (e.g., going limp, tucking arms). The details matter.


  Do I have to know they were a police officer?
Yes—the State must show you knew or reasonably should have known the person was a peace officer acting under authority.


  What if the arrest was unlawful?
Arizona generally bars using force to resist arrest—even if you think it’s unlawful. If excessive force was used against you, self-defense issues may come into play based on the facts.


  Are words alone enough for resisting arrest?
Usually no. The statute focuses on force, substantial risk, or passive resistance. Words alone more often fit other charges (e.g., Disorderly Conduct).


  How does body-cam video affect my case?
It’s central. We examine timing, commands, audio, angles, and any gaps to contest intent, knowledge, and whether an arrest was actually in progress.


  Will this go on my record? Can it be fixed later?
A conviction creates a criminal record. Depending on the result, some clients later pursue set-aside relief; eligibility is case-specific.


  Can these cases be reduced, diverted, or dismissed?
Sometimes—especially where the video is unclear, force/risk isn’t proven, or knowledge of officer status is doubtful. Early, targeted negotiation helps.

Why choose

TAYLOR LAW GROUP?



Ranked in the Top 100 Trial Lawyers

Over 25 Years of Criminal Defense Experience 

Proven Results In & Out of Court

We Are Available 24/7 for All Clients

Former Pima County Judge

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