Resisting Arrest is one of the most common, and most misunderstood, criminal charges in Greeley, Colorado. A tense or confusing interaction with law enforcement can escalate in seconds, and before you know it, you’re facing a serious criminal accusation.
If you’ve been charged with Resisting Arrest, it’s important to understand what the law says, what penalties you may face, and how an experienced Colorado criminal defense attorney can help you fight back.
What Is “Resisting Arrest” Under Colorado Law? A Weld County Resisting Arrest Lawyer Explains
Colorado’s Resisting Arrest statute is found in C.R.S. § 18-8-103. The law states that a person commits Resisting Arrest if they knowingly prevent or attempt to prevent a peace officer from effecting an arrest of themselves or another person by:
- Using or threatening to use physical force or violence against the officer or another person, or
- Using any means that creates a substantial risk of bodily injury to the officer or another.
Importantly, you can be charged with Resisting Arrest even if the underlying arrest turns out to be unlawful. The law assumes that disputes over legality should be resolved in court, not in the heat of the moment, but that doesn’t mean every charge is fair or justified.
Common Situations That Lead to Resisting Arrest Charges in Erie and Evans
Resisting Arrest often arises from chaotic or emotionally charged situations, such as:
- Struggling, pulling away, or tensing up when being handcuffed
- Running from police during an arrest attempt
- Verbally protesting or refusing to follow commands
- Trying to protect another person being detained
- Situations involving alcohol, stress, or confusion, where intent is unclear
Many people charged with Resisting Arrest never intended to fight or harm an officer, they were scared, panicked, or didn’t understand what was happening.
Penalties for Resisting Arrest in Colorado
Resisting Arrest is classified as a Class 2 misdemeanor in Colorado. The potential penalties include:
- Up to 120 days in jail
- Fines up to $750
- Probation, community service, or anger management programs
However, if the act of resistance causes bodily injury to an officer or involves a deadly weapon, prosecutors can pursue felony-level charges such as Assault on a Peace Officer, which carry years in prison and far more serious consequences.
A conviction for Resisting Arrest also creates a permanent criminal record, which can affect your job prospects, housing, and background checks.