Does running from the police in Arizona, after they tell you, you are under arrest, constitute resisting arrest?

Question

A police officer tells a suspect with an active warrant they are under arrest before they put their hands on the suspect. The suspect then runs from the police before the police can make a physical arrest. Does this scenario qualify as Resisting Arrest? Is there Case Law that corroborates the claim?

James L. Arrasmith · Answer

In Arizona, running from the police after being told you're under arrest can indeed be considered resisting arrest. The law in Arizona, under ARS § 13-2508, defines resisting arrest as intentionally preventing or attempting to prevent a law enforcement officer from making an arrest by using or threatening to use physical force or any other means of creating a substantial risk of causing physical injury. Running away from an officer who has communicated that you are under arrest may fall under this definition, as it can be seen as an attempt to prevent the arrest. 
 
There is case law supporting this interpretation, where courts have upheld convictions for resisting arrest in similar situations. The key factor is that the suspect knew they were under arrest and then chose to flee, which could be seen as an attempt to resist the arrest process. 
 
If you're facing this situation, it's important to understand the potential legal consequences and consider consulting legal counsel to navigate the specifics of your case. Resisting arrest charges can carry serious penalties, and having professional guidance could be crucial in addressing the charges effectively.

Q: Does running from the police in Arizona, after they tell you, you are under arrest, constitute resisting arrest?