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Colorado Springs Resisting Arrest Lawyer

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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.

Common Reasons People Resist Arrest in Colorado Springs

Resisting arrest charges often stem from misunderstandings in tense situations. Typical reasons we see clients accused include:

  • Fear and Confusion – Arrests can happen quickly, leaving little time to process what’s occurring. It’s natural to feel afraid and pull away reflexively from an officer’s grasp. But normal fear responses can be misconstrued as intentional resistance.
  • Belief the Arrest is Unlawful – If you believe the arrest itself is unlawful, you may question the officer or refuse to comply. But under Colorado law, you must submit and sort out the details later.
  • Mental Health Issues – Conditions like dementia, PTSD, autism, or schizophrenia may prevent understanding or compliance with officer commands. However, officers rarely have full knowledge of an arrestee’s mental state in the moment.
  • Substance Abuse – Intoxication from drugs or alcohol often impairs judgment. You may be too impaired to even comprehend the arrest as it happens.

Penalties for Resisting Arrest in Colorado

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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.

Fighting Resisting Arrest Charges in Colorado Springs

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.

Our Firm’s Approach to Resisting Arrest Cases

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.

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Resources

Colorado criminal procedure

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  • Arrest or
    Summons
    01

    Arrest or
    Summons

    The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.

  • Bond Hearing
    02

    Bond Hearing

    In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.

  • Advisement of
    Charges
    03

    Advisement of
    Charges

    Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.

  • Preliminary Hearing
    (for Higher Felony
    Charges)
    04

    Preliminary Hearing
    (for Higher Felony
    Charges)

    A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.

  • Pretrial Conference /
    Disposition
    Hearing
    05

    Pretrial Conference /
    Disposition
    Hearing

    This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.

  • Arraignment
    06

    Arraignment

    An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.

  • Motions Hearing
    07

    Motions Hearing

    A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.

  • Pretrial Readiness
    Conference
    08

    Pretrial Readiness
    Conference

    A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.

  • Jury Trial
    09

    Jury Trial

    After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.

  • Sentencing
    Date
    10

    Sentencing
    Date

    At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.

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Colorado Statutes

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Assault

Burglary

Drug Offenses

Trespass, Tampering and Criminal Mischief

Frequently Asked Questions

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Can I be charged with resisting even if the initial arrest was unlawful?

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.

Does running away from police constitute resisting arrest?

No, fleeing arrest is not resisting under Colorado law but a separate charge of eluding police. Resisting requires physically impeding the arrest.

Does arguing with or questioning an officer constitute resisting 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.

Experienced Criminal Defense Lawyer

Don't Let Resisting Arrest Charges Derail Your Future - Fight Back With Right Law Group

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If you or a loved one are facing charges of resisting arrest, don’t leave your future to chance. The costs of conviction can haunt you for years. At Right Law Group, we have the prosecution experience, legal skills, and relentless commitment to provide the strongest defense for your unique situation.

As former prosecutors, we have been on both sides of the courtroom and know how to pick apart the state’s case while building up your defense. We’ve helped thousands of clients facing criminal charges across Colorado and have the resources and track record of success to fight for you or your loved one facing prosecution in Colorado Springs.

With decades of combined experience guiding clients to dismissals, acquittals, and significantly reduced charges, we know what it takes to beat these allegations. Trust your future to the firm that will work tirelessly to protect it.

Contact Right Law Group today for a free consultation with a highly qualified resisting arrest defense lawyer. Fight back against these charges – and win.

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Areas Served

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El Paso County

Douglas County

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Arapahoe County

  • Centennial
  • Englewood
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  • Foxfield
  • Sheridan
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  • Southglenn
  • Castlewood
  • Peoria

Pueblo County

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Fremont County

  • Coaldale
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