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Day 62: Escape and Evading Arrest in Arizona: What You Need to Know

Escape and Evading Arrest in Arizona: What You Need to Know

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

5.0 · Criminal Defense

Fleeing from police in Arizona can turn a minor charge into a felony escape case—here’s how the law distinguishes evading from full-blown escape.

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Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

★★★★★ 5.0 · Criminal Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC.

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Escape and Evading Arrest in Arizona: What You Need to Know

In the stunning landscape of Arizona, the last thing anyone would want is to find themselves at odds with the law. However, it’s vital to know your rights and understand the legal consequences if you’re ever accused of trying to escape or evade arrest in the state. In this article, we’ll take a deep dive into what Arizona law says about escape and evading arrest and why it’s essential to have a competent attorney by your side if faced with such allegations.

Understanding the Charges

  1. Escape: Arizona law defines the crime of escape based on its circumstances:
  • First Degree (A.R.S. §13-2503): This involves a person who escapes from custody after being arrested for, charged with, or convicted of a felony. It’s classified as a Class 5 felony.
  • Second Degree (A.R.S. §13-2502): If someone escapes from custody after being taken into custody for a misdemeanor or petty offense, it falls under this category. This is considered a Class 6 felony.
  • Third Degree (A.R.S. §13-2501): Escape by a juvenile from any facility where they are detained is considered third-degree. The classification varies depending on the nature of the initial offense.
  1. Resisting Arrest (A.R.S. §13-2508): When an individual intentionally prevents or attempts to prevent a person, they know (or should know) to be a law enforcement officer, from effecting an arrest. This is classified as a Class 6 felony if physical force is used, and a Class 1 misdemeanor if no force is involved.

Potential Consequences

If convicted of escape or resisting arrest in Arizona, the penalties can be severe. Depending on the nature and degree of the offense, one could face:

  • Imprisonment: Sentences can range from a few months for misdemeanors to several years for felony convictions.
  • Fines: Depending on the class of felony or misdemeanor, fines can vary significantly.
  • Probation: Especially for first-time offenders or those convicted of lesser degrees of escape or evading.
  • Criminal Record: A conviction can lead to a lasting criminal record, which can impact future employment, housing, and even personal relationships.

Defenses to Escape and Evading Arrest

A skilled attorney can evaluate the specific circumstances surrounding an alleged escape or evasion attempt and determine potential defenses. Some common defenses include:

  • Lack of Intent: The accused did not intend to escape or evade, and their actions were misunderstood.
  • Unlawful Arrest: The initial arrest was not lawful, which can sometimes be used as a defense against the subsequent escape or evasion charge.
  • Mistaken Identity: The accused was not the individual who attempted the escape or evasion.
  • Duress or Threat: The accused believed they were in imminent danger or harm and felt they had no choice but to escape.

Why You Need Legal Representation

When facing escape or evading arrest charges in Arizona, it’s crucial to consult with an experienced attorney. They can guide you through the complex legal process, advise on potential defenses, and ensure your rights are protected.A conviction for escape or resisting arrest can have long-lasting impacts on one’s life. Thus, it’s essential not to leave your future to chance. Choose an attorney who understands the nuances of Arizona law and can passionately advocate for your best interests.

Conclusion

The intricate details of escape and evading arrest in Arizona can be overwhelming, especially for someone already navigating the legal system’s challenges. But remember, an arrest or charge does not equate to a conviction. Everyone deserves the right to a fair trial and legal representation. Knowledge is power, and being informed can make a significant difference in the outcome of your case.If you or a loved one is facing charges of escape or evading arrest in Arizona, don’t hesitate. Reach out to the experienceds at Tamou Law Group PLLC. Let our experienced team guide you through these challenging times. Contact Tamou Law at 623-321-4699. We’re here to help!

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Common Questions

Frequently Asked Questions

Is escape from custody a felony in Arizona?

Yes, escape is always a felony in Arizona: first-degree escape (A.R.S. 13-2504) is a Class 4 felony, second-degree (A.R.S. 13-2503) is a Class 5 felony, and third-degree (A.R.S. 13-2502) is a Class 6 felony. The degree depends on whether force was used and why you were in custody.

What is the penalty for resisting arrest in Arizona?

Resisting arrest under A.R.S. 13-2508 is a Class 6 felony punishable by up to two years in prison when physical force or a risk of injury is involved, and passive resistance is a Class 1 misdemeanor carrying up to six months in jail. Fines, probation, and a permanent criminal record are also possible.

Can you go to jail for running from the police in Arizona?

Yes, running from police can lead to jail or prison in Arizona, whether charged as resisting arrest, escape, or unlawful flight in a vehicle. Even fleeing on foot can support a resisting arrest charge if officers say you used force or created a risk of injury while avoiding arrest.

What is unlawful flight from law enforcement in Arizona?

Unlawful flight under A.R.S. 28-622.01 means willfully fleeing or attempting to elude an official law enforcement vehicle after an officer signals you to stop, and it is a Class 5 felony. A conviction can bring prison time, license revocation, and a permanent felony record, even if no one is hurt.

Can you legally resist an unlawful arrest in Arizona?

No, Arizona law does not allow you to physically resist an arrest by a known police officer, even if the arrest itself is unlawful (A.R.S. 13-404). The proper remedy is challenging the arrest in court, where an unlawful stop can lead to suppressed evidence or dismissed charges.

How long can you go to prison for escape in Arizona?

A first-offense escape conviction in Arizona carries a presumptive prison term of roughly one year for a Class 6 felony up to two and a half years for Class 4 first-degree escape, and the sentence must run consecutively to any sentence for the underlying charge. Prior felonies increase these ranges significantly.

Does a resisting arrest conviction stay on your record in Arizona?

Yes, a resisting arrest or escape conviction stays on your Arizona criminal record permanently unless a court grants relief. You may qualify to have the conviction set aside under A.R.S. 13-905 or the case record sealed under A.R.S. 13-911 after completing your sentence and required waiting period.

How can a lawyer help fight escape or resisting arrest charges in Arizona?

A defense lawyer can challenge whether you knowingly resisted, whether the arrest was lawful, and whether prosecutors can prove intent, often winning reductions to misdemeanors or dismissals. Tamou Law Group defends escape, resisting arrest, and unlawful flight charges throughout Phoenix and Scottsdale. Call 623-321-4699, 24/7.

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Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.

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