Resisting Arrest in Scottsdale: Is It a Felony? ARS 13-2508

Is Resisting Arrest a Felony in Scottsdale?

It depends entirely on how you resisted, and the line is written into A.R.S. § 13-2508. Resisting arrest by using or threatening physical force against the officer (A)(1), or by any other means that creates a substantial risk of physical injury (A)(2), is a Class 6 felony. Resisting by passive resistance, defined in subsection (C) as a nonviolent act or failure to act intended to impede or delay the arrest, is a Class 1 misdemeanor under (A)(3). Going limp, refusing to put your hands behind your back, or bracing against the car is passive resistance; pulling away hard enough to pull an officer off balance is charged as force.

The felony range under § 13-702(D) is probation or 4 months to 2 years in prison, and because it is a non-dangerous Class 6, the court can leave it undesignated or enter it as a misdemeanor under § 13-604. The misdemeanor carries up to 6 months in jail under § 13-707. Most Scottsdale resisting cases are filed as the felony and negotiated toward the misdemeanor, which is why the (A)(1) versus (A)(3) distinction is the whole case.

How These Charges Happen in Old Town

Resisting arrest is almost never the reason police approached you. Defense attorneys commonly see it stacked on a disorderly conduct call outside a bar, a DUI stop on Scottsdale Road, or a domestic call, when the arrest itself became a struggle: an arm pulled back at the moment of the cuffs, a step away from an officer who said “stop,” a friend who intervened. Alcohol, crowds, and multiple officers on a weekend night make the moment chaotic, and the report is written afterward by the person who made the arrest. The single most important fact in the case is usually the body-camera footage, which Scottsdale officers routinely record and which regularly shows something less than the force described in the report.

Unlawful Flight: The Felony in the Car

The driving version is a different and more serious statute. Under A.R.S. § 28-622.01, a driver who willfully flees or attempts to elude a pursuing law enforcement vehicle commits a Class 5 felony when the police vehicle is marked and running its lights and siren as described in § 28-624(C), or is unmarked and the driver knew it was police. The Class 5 range is probation or 6 months to 2.5 years in prison. There is no misdemeanor version. Scottsdale unlawful-flight cases typically begin as a traffic stop that did not stop, a driver who continued several blocks to a “safer” spot, or a late-night run from a DUI checkpoint, and the contested element is almost always willfulness: whether the driver actually perceived the pursuing vehicle and chose to flee. Music, tinted windows, distance, and the timing of the lights all matter. Our unlawful flight page covers the statute in depth, and the Scottsdale vehicular crimes page covers the related racing and reckless charges.

The Charges That Come With It

• Aggravated assault on an officer under § 13-1204 if the officer claims injury or an intentional strike; see assault on a police officer;
• The underlying charge that started the encounter: disorderly conduct, DUI, criminal damage, or domestic violence;
• Endangerment or reckless driving alongside unlawful flight when the pursuit involved speed or traffic;
• A felony record that, unlike the misdemeanor, affects firearm rights, employment, and licensing until it is designated a misdemeanor or set aside.

Which Court Hears It

Passive-resistance misdemeanors and the underlying city charges are prosecuted in Scottsdale City Court. Felony resisting under (A)(1) or (A)(2), unlawful flight, and any aggravated assault count are filed by the Maricopa County Attorney in Superior Court, with an initial appearance, release conditions, and a preliminary hearing or grand jury indictment. A common outcome is the felony returning to City Court as a misdemeanor after negotiation. See what happens after a Scottsdale arrest and how the Scottsdale City Jail works.

Defenses to Resisting Arrest and Unlawful Flight

• No force, no substantial risk. The video shows passive resistance or reflexive movement, not force directed at the officer: the felony becomes a misdemeanor or nothing;
• Intent. Resisting requires an intentional attempt to prevent the arrest; flinching from pain, falling, or confusion from intoxication is not intent;
• Knowledge. The officer must have been reasonably known to be a peace officer acting under official authority, a real issue with plainclothes or off-duty officers working bar details;
• Excessive force. The one circumstance in which resistance is justified under § 13-404(B)(2);
• Willfulness in flight cases. Perception of the pursuing vehicle, the lights and siren, and the delay before stopping;
• The underlying case. A resisting charge often collapses when the arrest it rode on is dismissed.

For the statute in general, see resisting arrest in Arizona: felony or misdemeanor.

How Tamou Law Group Defends Scottsdale Resisting and Flight Cases

We get the video first, all of it, and we build the case around the gap between what it shows and what the report says. We defend the underlying charge at the same time, because resisting rarely survives the dismissal of the arrest it rode on, and where the felony holds we work toward the misdemeanor designation. Scottsdale City Court and Superior Court cases alike are handled from our Scottsdale office at 9375 E. Shea Blvd., Suite 100.

Related guides: bar fights in Old Town, whether you have to answer Scottsdale police, Scottsdale violent crimes defense, and our Scottsdale criminal defense page. Call 623-321-4699, 24/7.