Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-2508 "Resisting Arrest" occurs when a person attempts to intentionally prevent a person "reasonably" known to him as a Peace Officer, acting under the color of such Peace Officer's official authority, from effectuating an arrest by either using, or threatening to use, physical force against the Peace Officer, or using any other means creating a substantial risk causing physical injury to the Peace Officer or another. This would include pulling away from an officer after they have grabbed you, or taking an offensive posture (i.e., a "fighting stance") towards the Officer when he/she is attempting to place you into custody.
Resisting Arrest is a class six (6) felony. For a first offense class six (6) felony the Possible Punishment includes probation including zero (0) days in jail up to one (1) year in jail; or prison from four (4) months to two (2) years in custody. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is nine (9) months to two and three quarters (2.75) years in prison. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is two and one quarter (2.25) to five and three quarters (5.75) years of incarceration.
Resisting Arrest is one of the most defensible crimes charged in Arizona. For example, if an Officer merely walks up and grabs your shoulder or arm from behind (without properly identifying himself) and you react by pulling away, then you are not truly resisting his attempts (i.e., "Lack of Knowledge"). In addition, if the Officer does not announce that he is placing you under arrest and then he attempts to grab onto you in order to turn you around for handcuffing, it would be "reasonable" to pull away and question what the Officer was doing (i.e., "Lack of Intent"). Many times Officers find anything other than complete compliance to be justification for citing a citizen for resisting arrest. This is simply not the case. It is important to fight these allegations in order to prevent a simple underlying misdemeanor traffic stop from turning into a felony conviction.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
If your case involves Accident & Injury, Family & Divorce or Motorcycle Injury please visit our companion firm: Cantor Simon PLLC - www.cantorsimon.com
1-888-8CANTOR 480-858-0808
602-307-0808 623-877-8509
Calls are answered 24 hours a day
Broadway Road & 101 Freeway
2141 E. Broadway Road, Suite 220
Tempe, Arizona 85282
Dismissed |
04/24/08 |
Aggravated DUI, Aggravated DWI |
Dismissed |
04/14/08 |
Aggravated Assault w/Gun |
Not Guilty |
04/04/08 |
DWI Only(.092 Breath) |
Not Guilty |
03/25/08 |
DWI (.099 Breath) |
Not Guilty |
03/24/08 |
Aggravated DUI, Aggravated DWI |
Our most recent successes of more than 200 victories.
April 15, 2008
John Chester Stuart had one of the best defense…
