Resisting Arrest in Colorado - C.R.S. 18-8-103

Resisting Arrest in Denver and Adams County, Colorado

Denver Police frequently file charges of Resisting Arrest. This occurs in Denver more than elsewhere, because of the poor record Denver Police have for using excessive force, poor educational levels of Denver Police officers, a large and congested bar district in Denver, Denver's large homeless population and a largely metropolitan population.

Definition of Resisting Arrest in Adams County, C.R.S. 18-8-103

(1) A person commits resisting arrest if he knowingly prevents or attempts to prevent a peace officer, acting under color of his official authority, from effecting an arrest of the actor or another, by:

(a) Using or threatening to use physical force or violence against the peace officer or another; or

(b) Using any other means which creates a substantial risk of causing bodily injury to the peace officer or another.

Resisting arrest is a class 2 misdemeanor.

Defense for Resisting Arrest Charges - Arapahoe County, Colorado Lawyer

Colorado law for Arapahoe County Court cases does not permit a defense for a Resisting Arrest charge which involves the belief that the officer was making an unlawful arrest - provided the officer was not resorting to excesive force.  With excessive force, you may have the right to self-defense.  While part of this rule is bad for people charged with Resisting Arrest in Aurora, Littleton and Centennial, part of it is good: you can assert "self defense" against a police officer if the officer is using excessive force.

Jefferson County, Colorado Risks of Resisting Arrest

If you are resisting a cop in Jefferson County, Colorado, because he is being overly rough with you, or he won't tell you why he is arresting you, a potential problem exists. Lawmakers in Colorado have created a mandatory prison charge called Assault in the Second Degree, C.R.S. 18-3-203.  This is charged if the officer experiences any pain in the arrest process, and the jury does not agree to your self-defense theory.  As crazy as it sounds, you can go to prison for several years if the officer experiences any "bodily injury" - which is defined as "pain".  It is an easy threshold for an officer to allge that they were scratched, their knee is sore, or one of their fingers was injured. Obstructing a Peace Officer, C.R.S. 18-8-104, is also charged with Resisting Arrest.

Douglas County, Colorado Resisting Arrest Examples

Resisting Arrest is charged in Douglas County, Colorado, when someone tries to prevent being arrested, by physical resistance. We often see this charge when a person has been drinking and they try to talk an officer out of arresting them. In other cases, someone runs from police and in the process, officers have to complete a physical take down of the person.  Finally, we've seen men and women charged when they try and interfere with their loved one being arrested.

Sentence for Resisting Arrest in Denver Court

If the person is convicted of Resisting Arrest in Denver, he will face the possibility of being sentenced to jail for up to one year, fined, or placed on probation. Imagine the consequences of going to jail for even one month - and the domino effects including losing your job, your house and the ability to provide for your families. Since these consequences are so great, show great defference to police when they attempt to place you under arrest.  No, you don't have the right to be told why you are being arrested or to control how you are arrested.  Police don't have to negotiate with you under our system of government. You get the chance to question an officer's tactics later, in court.

Lawyer for Resisting Arrest in Elbert County: Contact Us for Help

Resisting arrest may be a smaller crime, but it can have devastating consequences. If you have been charged with Resisting Arrest anywhere in Colorado, call our defense attorneys to fight these charges. Police often make mistakes and we can help you use these at trial. We are full-time criminal defense lawyers, who focus solely on criminal law. Be calm and cooperative with police. Never answer their questions. Even if you called them, you might be the one arrested.  Exercise your right to remain silent and call us at 303-731-0719. Together, we can protect your future.

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