Being arrested can be a scary, confusing experience. Even if you know you’re innocent, your natural instinct may be to pull away or question the officer.
While it’s normal to feel afraid or unsure in the heat of the moment, resisting arrest can lead to serious criminal charges.
If you’re now facing prosecution for resisting arrest, you need a Colorado Springs resisting arrest lawyer in your corner. Don’t go it alone against the power of the state.
At Right Law Group, we have decades of experience defending clients accused of resisting arrest across Colorado Springs. Contact us today for a consultation.
Resisting arrest charges often stem from misunderstandings in tense situations. Typical reasons we see clients accused include:
Resisting arrest penalties depend on how the district attorney charges the case:
| Charge Level | Statute | Potential Sentences | Potential Fines |
|---|---|---|---|
| Misdemeanor Resisting Arrest | CRS § 18-8-103 | Up to 1 year jail | Up to $1,000 |
| Misdemeanor Obstructing a Peace Officer | CRS § 18-8-104 | Up to 120 days in jail | Up to $750 |
| Misdemeanor Eluding or Attempting to Elude Police | CRS § 42-4-1413 | 10 days – 1 year jail | $150 – $1,000 |
The circumstances of the case dictate whether resisting, obstructing, or eluding police will be charged as a misdemeanor or felony. Beyond the immediate sentence, a resisting conviction also creates a permanent criminal record.
This can jeopardize current and future job opportunities, professional licensing, and community standing. Let our experienced Colorado criminal defense attorneys help you fight the charges and penalties.
Our team of highly experienced criminal defense attorneys have an insider’s knowledge of prosecutorial strategy, being former prosecutors ourselves. We know where to find the flaws and weaknesses in the state’s case against you. Here’s how we’ll closely examine the details and build a strong defense.
First, we’ll thoroughly investigate the arresting officer’s actions. If excessive force was used, proper protocols weren’t followed, or your rights were violated in any way, we can get the charges invalidated or leverage dismissal.
Next, we’ll scrutinize any evidence or testimony prosecutors intend to use against you. If it was obtained improperly or unlawfully, we’ll file suppression motions to block it from trial. Removing their evidence crumbles their case.
We’ll also take time to understand your full perspective of what happened. Any explanations like confusion, fear, mental health conditions, or substance use can be presented as mitigating circumstances to achieve a more favorable resolution.
Finally, through strategic negotiation, we aim to dismiss or reduce charges through plea bargaining well before trial. We leverage our prosecutorial experience to secure the best outcome. Going to trial is always a last resort.
With an insider’s understanding of the system and a meticulous examination of your case details, we build the strongest defense to defeat these charges.
At Right Law Group, our commitment is always to the client first. We won’t judge you or make assumptions. Instead, we focus on your goals and bring a compassionate approach to reaching the best possible outcome.
We also have a proven record of success stories, from dismissals to acquittals to greatly reduced charges. Call today for dedicated counsel from criminal defense attorneys who understand resisting arrest cases. Let us stand by your side and fight for the justice you deserve. The call and consultation are free. Don’t delay in protecting your rights and future.
Frequently Asked Questions
Yes, you can still face resisting arrest charges even if the original arrest was later found to be unlawful. Legally, you must comply first and dispute the validity after.
No, fleeing arrest is not resisting under Colorado law but a separate charge of eluding police. Resisting requires physically impeding the arrest.
No, under Colorado law, merely verbal disputing does not constitute resisting arrest. Physical, willful resistance is required to face charges. Actions like going limp, holding onto fixed objects, or refusing to move your body to thwart arrest can warrant resisting charges, even if not actively combative.
