Tempe Criminal Defense | Criminal Rights
Resisting Arrest Charges in Tempe AZ
Resisting arrest charges often are coupled with other violations at the same time. If you were arrested or face resisting arrest charges in Tempe AZ, you should consult an experienced criminal defense attorney who defends these types of cases frequently in Tempe Arizona to discuss your charges and defense options.
Resisting Arrest Charges in Tempe is a blanket over a wide range of violations from running away, using a weapon against a police officer, resisting to be handcuffed, turning and walking away, refusing detention, and a multitude of actions. Further if your actions caused the Officer to get harmed in any manner either accidentally or purposefully, you could be facing felony charges.
Arizona Laws – Resisting Arrest
Tempe Resisting Arrest charges are governed by Arizona Law A.R.S. 13-2508. The main elements of Arizona resisting arrest are:
• A peace officer acting in an official capacity sought to arrest
• You knew or had reason to know the person was a peace officer.
• You intentionally prevented or attempted to prevent the peace Officer form making that arrest.
• You used or threatened to use physical force or any other substantial risk of physical injury against the peace Officer of another.
• It makes no difference if the attempted arrest was legally justified or not.
A.R.S. 13-2508. Resisting arrest reads in part as follows:
“A. A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace Officer, acting under color of such peace Officer’s official authority, from effecting an arrest by:
1. Using or threatening to use physical force against the peace Officer or another; or
2. Using any other means creating a substantial risk of causing physical injury to the peace Officer or another.
B. Resisting arrest is a class 6 felony.”
Resisting Arrest Penalties
The Tempe AZ prosecution takes a firm stance on these matters because it involves a police or peace officer performing their official duties. Such charges allege that you were interfering with those duties. If you are convicted of the criminal charge of Resisting Arrest in Tempe you will have a felony conviction resulting in a felony criminal record. The sentencing can be harsh, and include jail or prison time, fines, fees, probation, counseling and whatever else the court deems necessary.
Criminal Defense Lawyer for Resisting Arrest Charges in Tempe
You will need a strong defense, and a criminal defense Attorney in Tempe who will present compelling arguments regarding your case and side of the story. Make sure they defend cases in Tempe such as these on a regular basis, and can give you proper legal representation through the criminal justice system. You will need to consult someone who understands what defense strategies will be effective given a particular set of circumstances, and how to build and mount a powerful defense strategy on your behalf. A good Tempe criminal defense lawyer will gather evidence, interview or depose witnesses and the police, look for weaknesses and flaws in the prosecution’s witness statements or evidence, determine if there were any violations of your constitutional rights, and build a strong defense case in an effort to get you the best outcome to avoid a felony conviction.
If you have been arrested or received criminal charges in Tempe for resisting arrest, or any other Tempe AZ criminal charge or DUI contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).
The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Tempe AZ, and valley wide within Maricopa County.
This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.