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Castle Rock Resisting Arrest Lawyer

Charged With Resisting Arrest?
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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 the 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 carries 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 are possible if it turns into an 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.

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.

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