In early August, police officers responded to complaints of a couple attempting to trade their food stamps for drugs in a Phoenix Fry’s grocery store near Glendale and 19th Avenues. Unfortunately for the couple, neither the Fry’s employees nor the store’s customers were selling drugs.
Though police were able to see the gentleman out of the store without incident, the woman, 28-year-old April Stevens, began running. According the officer’s probable-cause statement, he was forced to tackle Stevens three times to thwart her escape attempts.
Ironically, Stevens was not arrested for charges related to fraudulent use of food stamps, which can be a felony crime in Arizona. She was, however, arrested for disorderly conduct, escape, and resisting arrest. Booking records revealed that Stevens was also arrested just one day prior for failing to pay a fine.
Resisting Arrest in Arizona
According to AZ law, A.R.S. 13-2508, a person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to them to be a peace officer, acting under control of their official authority, from effecting an arrest by doing the following:
- Using or threatening to use physical force against the peace officer or another.
- Using any other means creating a substantial risk of causing physical injury to the peace officer or another.
- Engaging in passive resistance (a nonviolent physical act or failure to act that is intended to impede, hinder, or delay the effecting of an arrest).
Resisting arrest pursuant to paragraphs 1 or 2 of the above statute is charged as a class 6 felony in Arizona; pursuant to paragraph 3, it is charged as a class 1 misdemeanor.
Though resisting arrest may not seem like a serious crime, it can be charged as a felony offense if it can be proven that you were violent in any way towards the arresting officer. Having a felony on your record can have extremely detrimental effects on your professional and personal life.
If you have been charged with disorderly conduct or resisting arrest in Phoenix, Mesa, Gilbert, Chandler, or another AZ city, the criminal defense lawyers at JacksonWhite can assist you in decreasing your charges. Call us today at (480) 467-4370 to schedule a free and private consultation with JacksonWhite criminal attorney, Jeremy Geigle.