Understanding Resisting Arrest Laws in Arizona

Investigative Article: The Truth About Resisting Arrest Laws in Arizona

On March 20, 2024, the law firm of Chesley, Harvey & Moore published an article titled, "Resisting Arrest Laws in Arizona". The article discusses the various levels of charges for resisting arrest in Arizona. However, as a content writer, my job is to investigate the topic further and provide an in-depth analysis of the issue, leaving no stone unturned.

The Circumstances Leading to Resisting Arrest

Whenever a person is confronted by the security agents or law enforcement officers, it is their responsibility to comply with their directions. The arrest process is a sensitive one, and any resistance may lead to serious charges. Even though the law in Arizona is clear about resisting arrest, the facts may not always be straightforward. For instance, if a person feels like the arrest is illegal or unconstitutional, they may resist the arrest. In such a scenario, the law may allow them to present their case in court and have the arresting officers investigated as well.

Understanding the Levels of Charges for Resisting Arrest

The Arizona law outlines various levels of charges for resisting arrest. However, it is vital to note that not all acts of resistance will attract the same level of charges. Here are some of the levels and an overview of the actions that lead to each charge:

Class 1 Misdemeanor

For a case to attract this charge, it must involve passive resistance, such as refusing to follow commands. The charge may also apply to instances where the resisting individual tries to evade arrest or escape from custody.

Class 6 Felony

This level of charge is more severe and is often the result of direct physical violence and force against the law enforcement officers. In addition, if the resistance involves a weapon or poses a threat to the safety of the officers, then it will attract a class 6 felony charge.

Aggravated felony

When a person resists arrest and causes serious physical harm to the arresting officer, then they will face an aggravated felony, which carries a longer prison term and other charges such as fees and restitution.

Nonviolent Resistance: A Misdemeanor Charge

The article by Chesley, Harvey & Moore highlights that not all cases of resistance will lead to felony charges. Nonviolent resistance would only lead to a misdemeanor charge that carries probation of up to three years. However, the charge is still a criminal offense and can lead to an individual losing their civil rights such as the right to vote or bear arms.

The Importance of Handling Arrests With Care

In the wake of the George Floyd death, arrest procedures have been under intense scrutiny. Police officers are encouraged to handle every arrest process with care and professionalism. As members of the society, everyone should aim at restoring trust and protecting the rights of every person involved. Arresting officers should strive to treat all suspects with dignity and respect, without resorting to violence.

The Role of a Criminal Defense Attorney

If you or someone you know has been charged with resisting arrest, the first thing you should do is speak with a criminal defense attorney. The attorney will guide you through the legal process and outline your legal options. They will conduct an in-depth investigation of the circumstances surrounding the arrest and gather evidence to build your defense. A good attorney will also prepare you for court proceedings and ensure that you get the best possible outcome from the charges.

In Conclusion

The laws surrounding resisting arrest are complex and require careful analysis. The article by Chesley, Harvey & Moore is a great starting point for anyone seeking information on the charges. However, it only scratches the surface when it comes to understanding resisting arrest charges and the legal nuances involved. By analyzing the different levels of charges and the role of resisting nonviolently, it becomes evident that arrest processes are complex and require careful handling. In light of this, we should strive to handle the arrest process with professionalism, care, and respect, ensuring that we protect the rights of everyone involved.

Resisting Arrest Laws in Arizona