Protesting in Prescott, AZ: Know Your Rights & What To Do If You’re Arrested

Arrested or cited after a protest in Prescott or anywhere in Yavapai County?
Call Ted Law (Prescott): 928-776-1782
140 N Montezuma St, Prescott, AZ 86301
Free, confidential consultation.

---

Your First Amendment rights in Arizona

Peaceful protests, rallies, and marches are protected by the U.S. Constitution. Police can’t arrest you just for protesting. Arrests typically happen when officers believe a separate law was broken (e.g., blocking traffic without a permit, refusing lawful orders, property damage, or violence).

Arizona (and Prescott) may enforce reasonable time/place/manner rules—think permits, sound limits, and route control. Those rules regulate how you protest, not what you say.

---

Prescott-specific tips (where and how to protest)

• Public forums—like sidewalks, streets, and the Courthouse Plaza area—carry the strongest free-speech protections. Stay on sidewalks and keep entrances clear (e.g., shops along Whiskey Row).

• Marching in the street generally requires a permit and a defined route. Without one, you risk an “obstructing a thoroughfare” charge.

• Private property (shopping centers, parking lots) usually requires owner permission; otherwise you could face criminal trespass.

---

Charges we most often see in Yavapai County protest cases

• Unlawful assembly (A.R.S. § 13-2902)

• Riot (A.R.S. § 13-2903)

• Disorderly conduct (A.R.S. § 13-2904)—includes unreasonable noise, fights, or reckless weapon handling

• Obstructing a public thoroughfare (A.R.S. § 13-2906)

• Failure to comply with a lawful order / traffic-related offenses

• Resisting arrest (A.R.S. § 13-2508)—even “going limp” can be charged as passive resistance

• Criminal damage (A.R.S. § 13-1602)

Being nearby when others break the law is not a crime. But ignoring a lawful dispersal order or even minor physical resistance can still lead to charges.

---

If police declare an “unlawful assembly”

• Listen for the order (and route of egress) and leave promptly.

• Record from a safe distance without interfering.

• Don’t argue on the street—save it for court.

---

If you’re stopped, detained, or arrested

• Ask: “Am I free to leave?” If yes, walk away calmly.

• If not: “I’m exercising my right to remain silent and I want a lawyer.”

• Do not consent to searches of your person, bag, or phone.

• You can record officers in public if you don’t interfere or violate distance directives.

• Provide ID only when legally required.

• Say nothing on social media about your case.

---

After an arrest in Prescott or Prescott Valley

1. Call Ted Law (928-776-1782) as soon as you can.

2. Write down details while fresh: location, what officers said, dispersal warnings, badge names/numbers, witnesses, nearby cameras.

3. Preserve evidence: original videos/photos, clothes, injuries.

4. Don’t miss court dates—failure to appear can trigger a warrant.

---

How we fight protest-related charges in Yavapai County

• First Amendment defenses: overbroad or vague orders; improper time/place/manner enforcement; selective/retaliatory policing.

• Probable-cause challenges: presence ≠ participation; we separate your conduct from others’.

• Video forensics: sync body-cams, bystander clips, and nearby surveillance to build the real timeline.

• Suppression motions: unlawful stops, seizures, or phone searches.

• Negotiation & dismissals: diversion, reduced counts, or outright dismissals when evidence is thin.

---

Speak to a Prescott protest defense lawyer today

Ted Law | DUI & Criminal Defense
928-776-1782 • 140 N Montezuma St, Prescott, AZ 86301
Same-day consultations • Flexible payment options

This page is general information, not legal advice. Local ordinances and permitting rules can change—call us to review your situation.

Resisting Arrest in Prescott, AZ (ARS § 13-2508): Charges, Penalties, and Defenses

If you’re arrested in Prescott or anywhere in Yavapai County, a separate “resisting arrest” count can stack on top of whatever prompted the stop—sometimes turning a bad night into a felony case. Here’s what Arizona law says, how prosecutors try to prove it, and the defenses a good lawyer can use to push back.

What Arizona Calls “Resisting Arrest”

Under A.R.S. § 13-2508, someone “resists” when they intentionally try to stop an officer from making an arrest by:

• Using or threatening physical force, or

• Creating a substantial risk of bodily injury to the officer, or

• Engaging in passive resistance (a non-violent physical act or omission that delays or hinders an arrest).

You must reasonably know it’s a peace officer acting in the line of duty. Also important: even if you believe the arrest is unlawful, Arizona expects you not to resist. The place to fight it is in court, not on the sidewalk.

Common examples in Prescott cases

• Pulling away, flailing, or stiff-arming while being cuffed

• Running, hiding, or refusing to get out of a vehicle

• Going limp, turtling your hands under your body, or star-fishing on the ground

• Squaring up, threatening, or any move that creates a risk of injury

How It’s Charged

• Class 6 felony if force is used/threatened or your actions create a substantial risk of injury.

• Class 1 misdemeanor if it’s passive resistance only.

Possible Penalties

Felony (Class 6, non-dangerous)

• Often probation eligible for first-timers, but can include jail or prison (months up to ~2 years+ depending on history).

• Fines (up to $150,000 plus surcharges), classes, community service, and a felony record that affects voting, firearms, housing, and jobs.

Misdemeanor (Class 1)

• Up to 6 months in jail, 3 years’ probation, and fines up to $2,500 plus surcharges.

• Court-ordered counseling or community service is common.

Penalties swing based on your record, whether anyone was hurt, and the judge’s view of the video (body-cam/DVR).

What Prosecutors Must Prove

To convict, the State must show—beyond a reasonable doubt—that you:

1. Intentionally tried to prevent or delay the arrest; and

2. Knew (or reasonably should have known) the person was an officer; and

3. Used/threatened force or created a substantial risk of injury (felony), or engaged in passive resistance (misdemeanor).

Expect evidence like body-cam, dash-cam, officer reports, witness statements, and (unfortunately) your own recorded words.

Defenses That Can Work

The right defense depends on the footage and facts, but we commonly argue:

• No intent to resist (confusion, panic, pain response, hearing issues, or not understanding commands).

• No “force” / no “substantial risk” (what happened was passive resistance at most).

• Identification problems (lighting, positioning, multiple officers, quick struggle).

• Unlawful escalation / constitutional violations (bad stop, excessive force, Miranda issues, coerced statements).

• Medical factors (injury, anxiety, PTSD, sensory/auditory limitations impacting compliance).

Sometimes the win is a dismissal; sometimes it’s reducing a felony to a misdemeanor, or securing diversion or no-jail probation.

What To Do Right Now

• Stop talking about the case (to anyone but your lawyer).

• Save your evidence: names of witnesses, your injuries, phone video, clothing, receipts/locations.

• Get a lawyer involved fast—early negotiations often decide whether this stays a felony.

---

Talk to a Prescott Resisting-Arrest Lawyer Today

Get a local team that knows Yavapai County practices, judges, and charging habits—and that will dissect the video frame-by-frame.

Ted Agnick | DUI & Criminal Attorney (Prescott)
140 N Montezuma St, Prescott, AZ 86301
Free Consultation: 928-776-1782

We’re here 24/7 to step in, protect your rights, and fight for the best outcome possible.

Amnesia as a Defense in Arizona Criminal Courts – What Prescott Defendants Should Know

Most crimes in Arizona require intent or at least recklessness. If the State cannot prove that mental state, a conviction should not stand. One rarely discussed (and rarely successful) strategy is the claim that a defendant suffered amnesia at the time of the alleged offense and therefore lacked criminal intent or cannot recall what happened.

Understanding Amnesia

Clinically, amnesia is a disruption of memory formation or recall. It may follow:

• Severe head trauma or concussion
• Stroke, seizure, or other neurological events
• Drug/alcohol intoxication or medication side-effects
• Extreme psychological shock (“dissociative amnesia”)

A qualified neurologist or neuro-psychologist must confirm the diagnosis—typically through cognitive testing, MRI/CT scans, and a complete medical history.

Arizona’s Rules on Mental State

Under A.R.S. § 13-105, almost every felony or misdemeanor requires that the defendant acted “intentionally,” “knowingly,” or “recklessly.” If the defense can establish that a medical condition rendered the defendant incapable of forming that mental state, the jury may have reasonable doubt.

Why Amnesia Rarely Wins Trials

1. Lack of objective proof. Simply stating, “I don’t remember,” is not enough. Judges view the claim skeptically.
2. Memory loss ≠ lack of intent. A person might intend an act, carry it out, and later forget due to head trauma. That does not erase the original intent.
3. Burden of proof on the defense. After the 1980s reform, Arizona defendants carry the burden to show diminished capacity by “clear and convincing evidence.”

Where Amnesia Can Matter

1. Competency to Stand Trial

If the memory loss is so extensive that a defendant cannot assist counsel or understand proceedings, a judge may order a competency evaluation under A.R.S. § 13-4501. Cases pause until competency is restored.

2. Sentencing Mitigation

Even when juries return a guilty verdict, documented neurological impairment may persuade the court to impose a lighter sentence, probation, or placement in a treatment facility.

Key Steps If You Believe Amnesia Is a Factor

1. Seek immediate medical evaluation—neurology and neuro-psychology.
2. Preserve hospital records, imaging scans, and expert reports.
3. Retain an experienced Northern Arizona criminal attorney familiar with medical-based defenses.

At Ted Law, we partner with leading medical specialists to evaluate brain injuries, concussion-related memory loss, and psychiatric disorders. Before you speak with detectives or prosecutors, call us. Your consultation is free and confidential.

 

Should You Plead No Contest to a Domestic Violence Charge in Arizona?

Information for Prescott & Yavapai County Defendants

If you’re arrested for domestic violence in Arizona, your first formal court appearance is the arraignment. At this hearing the judge will:

• Read the official charges against you;
• Inform you of your rights;
• Ask how you wish to plead.

The three most common pleas are guilty, not guilty, and no contest (nolo contendere). Understanding the consequences of each is critical.

What Does a No-Contest Plea Mean?

No contest means “I do not wish to contest the charges.” You’re not admitting guilt—but you are accepting that the State has enough evidence to convict you. For practical purposes, the court treats a no-contest plea the same as a guilty plea: you skip trial and proceed directly to sentencing.

Why Plead No Contest?

The primary reason is civil liability. In a related civil lawsuit (for injuries, property damage, or emotional distress), a guilty plea can be used as an admission of wrongdoing. A no-contest plea is generally not admissible as proof of liability. You still receive a criminal conviction, but you may limit your exposure to civil damages.

Consequences of a No-Contest Plea in a DV Case

• A misdemeanor or felony domestic-violence conviction on your record;
• Jail or prison: from 30 days to 15+ years depending on prior history, injuries, and aggravating factors;
• Fines, probation, and mandatory counseling or anger-management classes;
• Loss of firearm rights under state and federal law;
• Potential impact on child-custody or visitation orders;
• Immigration consequences for non-citizens.

Is No Contest the Right Choice for You?

Pleading no contest is a strategic decision. Factors to consider include:

• Strength of the prosecution’s evidence;
• Availability of affirmative defenses (self-defense, lack of intent, false accusation);
• Collateral consequences (employment, licensing, immigration, custody);
• Possibility of negotiating a reduced charge or diversion program.

Never enter any plea without first consulting an experienced criminal-defense lawyer. Once you plead, reversing course is extremely difficult.

How Ted Law Can Help

At Ted Law, we examine every angle of your case—police reports, witness statements, body-cam footage, and constitutional issues—to craft the strongest defense possible. We’ll explain:

• The pros and cons of a no-contest plea versus a trial;
• Whether the prosecution’s case has weaknesses we can exploit;
• Options for plea bargaining or alternative sentencing.

Call (928) 776-1782 or contact us online for a free confidential consultation. Early intervention can dramatically change the outcome of a domestic-violence case.

 

Arizona Firearm Offenses Explained
Understanding ARS 13-3102 & 13-2904 in Yavapai County

Arizona is famously firearm-friendly: any law-abiding citizen age 21 or older may carry a handgun—openly or concealed—without a permit. But that freedom comes with strict responsibilities. Violations of state weapons laws can turn a legally carried gun into a serious criminal charge, often with mandatory prison time.

ARS 13-3102 : Misconduct Involving Weapons

Arizona Revised Statute 13-3102 lists 16 separate ways a person can commit “misconduct involving weapons.” Some of the most common include:

• Carrying a concealed firearm in furtherance of a serious offense, violent crime, or felony.
• Failing to answer truthfully when a peace officer asks whether you are armed.
• Possessing a firearm as a “prohibited possessor” (e.g., a convicted felon or subject of certain protective orders).
• Selling or transferring a firearm to a prohibited possessor.
• Defacing a firearm—or knowingly possessing a defaced weapon (serial number removed).
• Discharging a firearm to benefit or further the interests of a criminal street gang.

Penalties: Most violations are felonies. Even first-time offenders risk prison, steep fines, and lifetime loss of gun rights. Some exceptions apply—for instance, if the firearm is carried openly and visible, or if the person is on their own property.

ARS 13-2904 : Disorderly Conduct with a Firearm

Under ARS 13-2904, intentionally disturbing the peace can be charged as a misdemeanor—but add a gun and it becomes a Class 6 felony. Examples include:

• Recklessly brandishing a handgun during an argument.
• Firing celebratory shots on New Year’s Eve or the 4th of July.

If designated a “dangerous offense,” the court must impose 1.5 – 3 years in prison for a first conviction—no probation.

Common Defenses to Firearm Charges

• Lawful possession & carry (open, visible, or otherwise permitted under constitutional carry).
• Lack of criminal intent—no knowledge of the weapon or no intent to conceal.
• Prohibited-possessor mistake (e.g., rights were actually restored).
• Fourth-Amendment violations—illegal stop, search, or seizure.
• Invalid or defective warrant.
• Forensic or ballistic errors.

Arrested in Prescott or Yavapai County? Act Fast.

Weapons allegations move quickly—often with restrictive release conditions and aggressive prosecution. Having local counsel at the first appearance can reduce bond, challenge “dangerousness” designations, or negotiate alternatives to prison.

Ted Law brings decades of criminal-defense experience to Prescott gun cases. We know the local judges, prosecutors, and Yavapai County juries—and we know how to protect your Second-Amendment rights.

Call (928) 776-1782 or contact us online for a free confidential consultation. We’re available 24/7 for emergency calls after an arrest.