Evading Arrest vs. Resisting Arrest: The Difference Between Evading and Resisting Police
When someone has an encounter with the police, emotions often run high. Fear, confusion, or panic can cause a person to react in ways that quickly escalate a situation.
In Arizona, actions taken during a police encounter can lead to serious criminal charges, even if the underlying stop or investigation seemed minor at first. Two charges that often create confusion are evading arrest and resisting arrest.
While these offenses may sound similar, Arizona law treats them as distinct criminal offenses with different elements, penalties, and defense strategies.
Understanding the difference between evading and resisting arrest is critical because the consequences can include jail time, fines, and a permanent criminal record.
In some situations, a person may even face two charges stemming from the same incident.
Knowing how Arizona law defines each offense helps clarify what prosecutors must prove and what legal options may be available if you’ve been charged.
This article discusses the following:
- Understanding Evading Police Under Arizona Law
- How Arizona Law Defines Resisting Arrest
- The Difference Between Evading and Resisting Arrest
- Can You Be Charged With Evading and Resisting Arrest at the Same Time?
- Penalties for Evading or Resisting Arrest in Arizona
- Common Defense Strategies in Evading and Resisting Arrest Cases
- Frequently Asked Questions About Resisting Arrest Charges
- Important Things to Remember
- How a Criminal Defense Lawyer From Kolsrud Law Offices Can Help
This article explains what’s the difference between evading police and resisting arrest under Arizona law, how these charges arise, the potential penalty involved, and how a criminal defense attorney from Kolsrud Law Offices can help protect your rights if you’ve been charged with evading or resisting arrest.
Understanding Evading Police Under Arizona Law
Evading arrest means intentionally fleeing from a law enforcement officer when that officer is attempting to detain or arrest someone.
Under Arizona law, evading police is typically charged under ARS § 28-622.01, which addresses unlawful flight from a pursuing law enforcement vehicle. This statute applies when a driver willfully tries to flee after a police officer gives a clear signal to stop.
Evading arrest means more than simply being slow to pull over. Arizona prosecutors must show that the person intentionally fled and knew the police were attempting to stop them. This often involves marked patrol cars, emergency lights, sirens, or verbal commands from the arresting officer.
The offense commonly involves running away in a vehicle, but it can also involve fleeing on foot in some situations.
Many people charged with evading arrest explain that panic played a role. A driver may see a police car, fear arrest, and make a split-second decision to flee. Even if no one was hurt, being charged with evading can still lead to serious consequences depending on the circumstances.
How Arizona Law Defines Resisting Arrest
Resisting arrest occurs when a person intentionally prevents or attempts to prevent a peace officer from making an arrest by using physical force, threatening force, or creating a substantial risk of injury. Arizona defines resisting arrest under ARS § 13-2508.
Unlike evading arrest, resisting arrest involves physical interaction. This can include pulling away while being handcuffed, pushing an officer, bracing arms to avoid being restrained, or using force to prevent an arrest. Even minimal physical resistance can result in resisting arrest charges if prosecutors believe it interfered with a lawful arrest.
Arizona law does not require the person to injure an officer for resisting arrest to apply. The crime focuses on the person’s actions and intent during the arrest.
A person being arrested who stiffens their arms, struggles while being handcuffed, or physically resists commands may be charged with resisting arrest even if the resistance was brief.
The Difference Between Evading and Resisting Arrest
The difference between evading and resisting arrest comes down to timing and behavior. Evading arrest involves intentionally fleeing before police make physical contact. Resisting arrest occurs after an officer is trying to arrest or detain a person and physical resistance is used.
Evading police usually involves running away or driving off before officers can complete an arrest. Resisting arrest occurs during the arrest itself. In other words, evading happens first, while resisting happens once an arrest is underway.
Another key difference is how Arizona classifies these offenses. Evading arrest related to vehicle flight can rise to a felony offense, while resisting arrest may be charged as a misdemeanor or felony depending on whether force is used and whether an officer is injured. Understanding the difference between evading and resisting helps determine potential penalties and defense strategies.
Can You Be Charged With Evading and Resisting Arrest at the Same Time?
Yes. In some cases, a person may face evading and resisting arrest charges from the same incident. This often happens when someone attempts to flee police and later physically resists once caught.
For example, if a driver flees during a traffic stop and later struggles with officers when they are apprehended, prosecutors may file two charges based on separate actions. Arizona courts allow multiple charges when each offense involves distinct conduct, even if the events happen close in time.
Facing two charges significantly raises the stakes. Each charge carries its own penalty, and convictions can result in consecutive jail sentences depending on the facts. This is why it is important to speak with a criminal defense attorney as soon as possible after an arrest.
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Penalties for Evading or Resisting Arrest in Arizona
The penalty for evading or resisting arrest in Arizona depends on the circumstances and the statute applied.
Unlawful flight from police under ARS § 28-622.01 is a class 5 felony. A felony conviction can result in years in prison, fines, probation, and a permanent criminal record. Even first-time offenders face serious exposure if convicted.
Resisting arrest under ARS § 13-2508 is usually charged as a class 6 felony when physical force is used against a law enforcement officer. In less severe situations, it may be charged as a misdemeanor. However, if the officer is injured or substantial force is involved, felony penalties apply.
Below is a summary table explaining how Arizona penalties may apply.
| Offense | Arizona Statute | Classification | Potential Penalties |
| Unlawful Flight / Evading Police | ARS § 28-622.01 | Felony | Prison, probation, fines, license consequences |
| Resisting Arrest (Physical Force) | ARS § 13-2508 | Felony or Misdemeanor | Jail or prison, fines, probation |
Penalties can increase if the person has prior convictions, if the arrest involved violence, or if public safety was put at risk.
Common Defense Strategies in Evading and Resisting Arrest Cases
Every evading or resisting arrest case is fact-specific. A valid defense depends on what happened, how police acted, and whether the arrest was lawful.
One defense involves challenging whether the officer clearly identified themselves or lawfully attempted to detain the person. If police did not have legal grounds for the stop, the arrest may be unlawful. Evidence obtained during an illegal arrest may be suppressed.
Another defense focuses on intent. Prosecutors must prove intentional fleeing or resistance. Panic, confusion, or misunderstanding commands may undermine the state’s case. Body camera footage often plays a major role in these cases.
A lack of force can also be important. Simply pulling away reflexively or reacting to pain may not rise to resisting arrest under Arizona law. An experienced criminal defense attorney can analyze whether the conduct meets the statutory definition.
Josh Kolsrud brings close to two decades of criminal law experience to every case, including many years working as a federal prosecutor. His background allows him to anticipate how prosecutors build these cases and identify weaknesses early.
Frequently Asked Questions About Resisting Arrest Charges
Is running away always evading arrest?
Not necessarily. Prosecutors must show intentional fleeing after police attempt to detain or arrest someone.
Can resisting arrest apply if the arrest was unlawful?
Arizona law recognizes that an unlawful arrest may affect whether resisting arrest charges hold up, depending on the facts.
Can charges be dropped if no force was used?
Yes. In some cases, charges dropped or reduced if evidence does not support the elements of the offense.
Is evading arrest always a felony?
Vehicle flight is a felony under Arizona law, while other forms may vary depending on circumstances.
Should I talk to the police after being charged?
It is usually best to speak with a criminal defense lawyer before making statements.
Important Things to Remember
- Evading arrest and resisting arrest are separate criminal offenses in Arizona
- Evading involves intentionally fleeing police before arrest
- Resisting involves physical interference during arrest
- A person may face two charges from one incident
- Felony convictions carry long-term consequences
How Kolsrud Law Offices Can Help
Facing evading or resisting arrest charges can feel overwhelming, especially when the potential consequences include jail time and a permanent criminal record. These cases often hinge on small details, police conduct, and how events unfolded in just a few moments.
Josh Kolsrud has spent many years working as a federal prosecutor and now uses that insight to defend clients across Arizona. He understands how police investigations work, how prosecutors evaluate cases, and where mistakes are commonly made.
Kolsrud Law Offices offers free one-on-one consultations and personalized defense strategies focused on protecting your rights. If you’ve been charged with evading or resisting arrest, or believe charges may be coming, speaking with a defense lawyer early can help position your case for the best possible outcome.
To discuss your situation, call (602) 691-4427 or visit our website to schedule a free consultation.
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