Old Town Scottsdale knows how to have a good time — until it doesn’t. The Entertainment District draws thousands of visitors every weekend, and the heavy police presence along Saddlebag Trail and Camelback Road means officers are never far away. A bartender announces last call, things get heated outside the bar, and Scottsdale police step in. In those fast-moving moments, something as small as pulling your arm back or failing to respond to a command can land you with a resisting arrest charge. If you’re searching for experienced Old Town Scottsdale arrest defense, you’re in the right place.
Read on for this guide on what you need to know about how Arizona law handles these charges — and how Lerner and Rowe Law Group fights them.
What Is Resisting Arrest Under ARS 13-2508?
Arizona Revised Statute 13-2508 defines resisting arrest as intentionally preventing or attempting to prevent an officer from making an arrest. That can mean using physical force against the officer — or using any other means that creates a substantial risk of physical injury.
That phrase — “any other means” — is where things get complicated. It’s written broadly, and it tends to get applied broadly, making this complicated when fighting resisting arrest charges in AZ.
Under ARS 13-2508, resisting arrest by force becomes a Class 6 felony; resisting arrest without force or by passively disobeying the officers becomes a Class 1 misdemeanor offense. The difference between these two types of offenses is critical in the legal arena, and this is precisely the way in which the charges can be exaggerated—which you’ll have to contend with in your Old Town Scottsdale arrest defense.
Active Resisting vs. Passive Resisting: Why it Matters
Both active and passive resisting can lead to different results for offenders because Arizona is quite specific about this offense, which makes having a Scottsdale Entertainment District lawyer so important.
Passive resisting includes actions that show that the person resists, but does not use any physical actions, such as being limp, withholding cooperation by refusing to extend hands or sit in one place as directed. Such resistance will fall under the misdemeanor category under ARS 13-2508.
Active resisting includes any use of physical action or threats, such as using force against police officers or trying to pull away from them.
The issue here is that the fine line between the two behaviors can get blurred pretty quickly. In such chaotic conditions in Old Town — noise, bright lights, alcohol, and stress — even an involuntary flinch or withdrawal when grabbed by the shoulder can be reported to the police as “active resistance.” This is a felony offense, based solely on an automatic response.
That’s why the manner in which the Saddlebag Trail police encounter will be reported becomes critically important. And this is precisely why it is necessary to have the arrest report analyzed by a Scottsdale resisting arrest lawyer right away.
Alcohol: What it Means for the Defense Strategy
Once alcohol is involved in an arrest, your Old Town Scottsdale arrest defense becomes much more complex. Intoxication impacts your reaction time. You might simply fail to respond adequately to the instructions, which will inevitably be perceived by the officer as resistance.
Charges pile up. A Scottsdale Entertainment District incident beginning with a noise violation or trivial conflict has the potential to escalate rapidly: disorderly conduct, trespassing, and public intoxication – with resisting arrest to round things out. The prosecutor can use this pileup against the defendant, even if the initial incident was relatively trivial.
Human memory can be unreliable. Alcohol consumption impacts your ability to recall events, but it also increases the likelihood that video from a police officer’s body camera, eyewitness testimony, and the officer’s own report will offer conflicting accounts of the same incident. These discrepancies are invaluable for the defense.
How a Saddlebag Trail Police Interaction May Progress
The Scottsdale Police Department patrols the Entertainment District vigorously on weekends, particularly on Saddlebag Trail and the adjacent club areas. This patrol takes place in pairs, which means that there are always multiple witnesses for the prosecution from the outset.
Consider this example: You are told by a bouncer to leave the premises. The bouncer handles you roughly. You are now outside, angry, and arguing your case. A police officer arrives, giving a verbal directive. You do not comply right away — perhaps you were distracted or shocked by what went on in the establishment. A physical interaction ensues, followed by a natural, instinctive recoil, which lands you in handcuffs, charged with resisting.
A lot could have started this encounter. The physical contact could have come unannounced, but resisting arrest — particularly a felony-level offense — will stay on your criminal record regardless. This is precisely why it’s worth going the extra mile to fight this charge from the very beginning.
How We Mount an Old Town Scottsdale Arrest Defense
Here’s how we typically handle a resisting arrest case in AZ:
- Take issue with the “active” designation. Often the case hinges on whether this element is satisfied. If what took place was a reflexive action, a misstep, or an effort at self-preservation rather than a calculated display of force, then our efforts are concentrated in trying to make this argument. The distinction between a misdemeanor offense and a felony offense could rest on the perception of one police officer lasting less than a second.
- Access any body camera footage and surveillance videos. There are numerous security cameras in Old Town, and the police wear body cameras. Any available footage will be requested, and any discrepancies noted between this footage and the written report should be carefully analyzed.
The Costs Associated with a Conviction
For a Class 6 felony offense pursuant to ARS 13-2508, one might face up to two years in Arizona state prison. Although first-time offenders may be eligible for probation instead of time in jail, a felony will follow you for the rest of your life in the form of employment background checks, professional licenses, rental housing applications, and immigration troubles.
Even with a Class 1 misdemeanor offense, the maximum penalty includes six months in jail. Regardless, neither of these outcomes are desirable, nor should such charges be ignored.
Here to Help You with Your Old Town Scottsdale Arrest Defense
If you’ve been charged with resisting arrest in Old Town, it’s best that you seek help from skilled Scottsdale criminal defense lawyers right away. The sooner you do, the more opportunities will be open to you before anything has been recorded by the authorities and before you speak without thinking.
Our Scottsdale team understands the procedures used by Saddleback Trail police and prosecutors when charging someone. To get started today, give us a call at (602) 977-1900, fill out our convenient online contact form, or use our LiveChat service now.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.