Resisting Arrest Charges are Often Defensible
Charges for Resisting Arrest in Colorado are often defensible if the person charged can gather the names and contact information of witnesses. Generally, we see these charges in Jefferson County and other counties when a person is drinking and can't understand why they are being arrested. They will move around or otherwise try and prevent the officer from putting handcuffs on them. We sometimes see this charge when Denver County Colorado police officers are wanting to stop witnesse of police misconduct from testifying in another case (see our blog for an example). When there are no witnesses, and only one police officer is involved, the charges are still defensible, but it can be an uphill battle. If there is more than one officer present, it becomes a difficult case to defend without non-police witnesses who will testify on your behalf. This charge is similar in many respects to Obstructing a Peace Officer.
The Elements the Government Needs to Prove
First, let's look at common elements of this charge under C.R.S. 18-8-103: 1) knowingly prevents or attempts to prevent, 2) a peace officer, 3) acting under color of his authority, 4) from effecting an arrest, 5) by using or threatening physical force or violence against the officer, or 6) by using any other means which creates a substantial risk of causing bodily injury (pain) to the officer or another.
Even if the arrest was unlawful, you still can't resist - provided the officer is not using excessive force. If the officer is using excessive or unreasonable force, then you can exercise an affirmative defense called "self defense", at trial, for your conduct trying to protect yourself. You must be sure to give timely notice of this affirmative defense and be prepared to have the appropriate jury instructions ready.
People are commonly charged with resisting arrest in Denver County, Adams County, Arapahoe County, Douglas County and Jefferson County, Colorado, when officers are mad or feel a person has done anything to make their job more difficult than you just standing there and letting them arrest you. When faced with a possible arrest, it is best to remain silent, be calm and let the officer handcuff you. Provided the officers are not beating you, it is not helpful to resist or fight back in any way. You could easily be charged with Assault in the Second Degree. This charge is very serious and can be made if there are allegations you attempted to prevent an officer from performing a lawful duty and you intentionally caused bodily injury (pain is all that's required) to anyone (including the officer or others). It is a very serious charge because it has mandatory sentencing in Colorado to the Department of Corrections. "Interference" is another charge which often accompanies resisting arrest charges in Colorado.
If you think you might be arrested, or have already been arrested, be smart, remain silent, and call us at 303-731-0719. Together, we can protect your future.
