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.

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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.