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Castle Rock Resisting Arrest Lawyer

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Castle Rock Resisting Arrest Attorney

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If you or someone you love has been accused of resisting arrest, feeling anxious and overwhelmed is entirely understandable. These allegations can lead to harsh penalties that disrupt lives, even when the charges are misdemeanors. We know you’re probably searching for answers on what resisting arrest means in Colorado, potential defenses, and, most importantly, where to turn for help.

As an experienced local criminal defense law firm, we have represented many clients facing charges just like these. We can guide you through this process and help build the strongest case. Our goal is to provide the information and representation you need to move forward in the most positive way. Let’s take this one step at a time with our Castle Rock resisting arrest lawyer, starting with breaking down Colorado’s resisting arrest laws, so you know exactly what we’re dealing with. We’re here to support you each step of the way as we work through this together.

Understanding Resisting Arrest Charges in Castle Rock, CO

Resisting arrest allegations are common in Castle Rock, CO, due to vaguely defined laws that give police broad discretion. But these charges should be taken very seriously even when classified as misdemeanors. Understanding what constitutes resisting arrest under Colorado law and the potential defenses against these allegations is crucial.

What Does “Resisting Arrest” Mean in Colorado?

The primary statute governing resisting arrest in Colorado is CRS 18-8-103. This law states that it is illegal to “knowingly prevent or attempt to prevent a peace officer, acting under color of his official authority, from effecting an arrest of the actor or another.” This covers a wide range of potential scenarios.

Some examples of resisting arrest charges include:

  • Physically struggling against an officer attempting to detain or arrest you
  • Assaulting or threatening violence against an arresting officer
  • Any action that creates a substantial risk of causing bodily injury to the officer or another

Simply refusing to cooperate with an investigation or questioning does not constitute criminal resistance under Colorado law. There must be apparent efforts to evade a valid arrest.

What Are the Potential Penalties if Convicted?

Resisting arrest convictions carry much steeper consequences than many realize, even when charged as misdemeanors. Potential penalties include:

  • Up to 120 days in jail and $750 fine
  • Felony charges possible if it turns into assault on a peace officer, bringing years in prison
  • Criminal record impacting future job and education prospects
  • Loss of liberties while incarcerated

These damaging effects make building a solid legal defense essential for anyone facing accusations.

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Possible Defenses Against Resisting Arrest Charges

Skilled criminal justice attorneys have several strategies to contest resisting arrest charges, such as:

  • Challenging probable cause for the initial arrest attempt
  • Alleging the use of excessive force by police necessitating self-defense
  • Showing mistaken identity or lack of proper police identification
  • Proving the defendant did not “knowingly” resist but reacted reflexively
  • Arguing unintentional resistance due to intoxication or other factors

An experienced lawyer can investigate the arrest circumstances to determine if any of these defenses may apply in a given case. This provides the best chance of achieving a dismissal or reduction of charges.

The Importance of Legal Representation

Resisting arrest allegations should never be taken lightly. The vague nature of the law allows for abuse, and convictions trigger severe consequences. Anyone charged with resisting arrest is highly encouraged to retain an experienced criminal defense attorney as soon as possible. Knowledgeable legal representation maximizes the chances of protecting one’s rights and minimizing penalties. Consultations are free, and this small step could make all the difference in the outcome of a case.

Don’t let one wrong decision impact your life, job or freedom.

Call today for a free case evaluation.

Colorado criminal procedure

  • Arrest or

    Arrest or

    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

    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

    Advisement of

    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

    Preliminary Hearing
    (for Higher Felony

    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 /

    Pretrial Conference /

    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


    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

    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

    Pretrial Readiness

    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

    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


    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.

Frequently Asked Questions


Does the legality of the initial arrest matter?

Yes. If the arrest itself was unlawful to begin with, any subsequent resistance may be excused or the charges dropped. A Castle Rock criminal defense attorney will challenge the validity and probable cause of the initial arrest attempt.

Is merely being uncooperative considered resisting arrest?

Yes, merely refusing to comply with officer commands can potentially be deemed resistance under the law, even without physical force. Simply not putting your hands behind your back when told could lead to charges.

Experienced Criminal Defense Lawyer

A Skilled Colorado Criminal Defense Attorney Can Help


Facing criminal allegations like resisting arrest can make you feel scared and alone. But you don’t have to go through this fight by yourself. The attorneys at Right Law Group understand what you’re up against. As former prosecutors, we’ve been on both sides of cases like these. Now, we use that insider experience to provide relentless and zealous defense for our clients.

Our firm has successfully resolved thousands of criminal charges across Colorado. Five-star reviews from over 500 grateful clients show our track record of getting real results. With decades of combined experience, we know how to navigate complex laws and build strategic defenses. With 3 office locations, we are conveniently located to support clients statewide.

Don’t leave your future up to chance. The costs are too high. We know the system, we know your rights, and we have a proven history of protecting people just like you. Call Right Law Group today for a free consultation with an experienced defense attorney who can help you achieve the best possible outcome. With us as your partner, you can feel confident and empowered to fight back against these allegations. Let our family defend yours.

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