Gilbert Criminal Defense | Criminal Rights
Resisting Arrest Charges in Gilbert AZ
Resisting arrest charges often are coupled with other violations at the same time. If you were arrested or face resisting arrest charges in Gilbert AZ, you should consult an experienced criminal defense attorney who defends these types of cases frequently in Gilbert Arizona to discuss your charges and defense options.
Resisting Arrest Charges in Gilbert 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 accidently or purposefully, you could be facing felony charges.
Arizona Laws – Resisting Arrest
Gilbert 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 Gilbert 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 Gilbert 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 Gilbert
You will need a strong defense, and a criminal defense Attorney in Gilbert who will present compelling arguments regarding your case and side of the story. Make sure they defends cases in Gilbert 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 Gilbert 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.