You’re walking out of an electronics store when a police officer approaches and tells you to stop. You’re confused because you haven’t done anything wrong. He says there’s been a report of shoplifting and starts asking questions. You raise your voice, try to insist that you haven’t stolen anything, and take a step back in protest. The officer grabs your arm and you pull away instinctively. Before you know it, you’re in handcuffs and hearing the words “resisting arrest,” even though you never touched the officer or tried to run.
In Colorado, resisting arrest is a separate offense that the district attorney can pursue even if the arrest itself turns out to be wrong. It doesn’t take much to meet the legal threshold, which means everyday actions like pulling away or yelling in protest could be used against you. In this blog, we’ll go over what the law says about resisting arrest, what actions can lead to a charge, and how a criminal defense attorney can help.
What Is Resisting Arrest Under Colorado Law?
Resisting arrest in Colorado falls under Colorado Revised Statutes 18-8-103, which defines it as using or threatening physical force to stop a peace officer from making a lawful arrest. The law applies whether the officer is arresting you or someone else. It doesn’t require a violent outburst; simply pushing an officer’s hand away or physically blocking their movement can be enough to trigger a charge.
The key element is physical interference. Verbal objections, insults, or nonviolent refusals usually don’t meet the standard. But once you act in a way that puts physical pressure on the officer or changes the situation from verbal to physical, the law treats that behavior differently.
Colorado courts take these criminal offenses seriously because officers are expected to carry out their duties without interference. The statute protects that expectation. But it also means you can face charges even in a moment of confusion or panic, especially if your reaction involves physical movement that’s interpreted as resistance.
Key Elements Prosecutors Must Prove in a Resisting Arrest Case
To convict you of resisting arrest, the prosecution has to show that certain conditions were met. First, they need to prove that you acted knowingly. That means you were aware the person arresting you was a peace officer and that your actions would interfere with the arrest process. If you didn’t realize it was an officer or didn’t understand what was happening, it could affect the case.
Second, your actions must involve either physical force or a threat of force. It’s not enough to argue or refuse to answer questions. There has to be some physical movement, like pulling away, pushing, or tensing your body, that changes how the officer carries out the arrest. A verbal threat alone may not be enough unless it creates a real fear of harm.
Finally, the arrest must be lawful. That doesn’t mean the officer was right in arresting you, but that they were acting within their authority. If an off-duty officer without legal grounds tried to detain you, for example, the case might not hold up. But if the officer was in uniform, performing their job duties, and clearly announced that you were under arrest, the law usually supports their actions.
When Can a Police Interaction Lead to Resisting Arrest?
As discussed above, resisting arrest turns into a criminal charge when your actions move beyond words and involve physical interference. In Colorado, it doesn’t take much for this charge to apply. Even small gestures like pulling away from an officer or refusing to be handcuffed can meet the legal standard. The law also applies when you interfere with someone else’s arrest, which can create problems during heated or emotional moments. However, you cannot be charged with resisting arrest if you’re already in handcuffs–at that point it becomes either an attempted assault on a peace officer or attempted escape (both still very bad).
Here are some common situations where resisting arrest can lead to charges:
- Physical Resistance During Arrest: If you tense up, pull away, or resist being handcuffed, peace officers can treat that as resistance. The physical response doesn’t need to be forceful or aggressive to qualify. Even mild contact that interferes with the arrest may be enough to support a charge.
- Adding Charges During Another Offense: Peace officers may include a resisting arrest charge when someone physically reacts during a separate arrest. If you’re being taken into custody for something else and you move in a way that disrupts the arrest, it can lead to additional charges. Prosecutors don’t have to prove the original offense to proceed with the resisting charge.
- Interfering With Another Person’s Arrest: Trying to block a police officer or pull someone away can result in criminal charges for you. The law treats interference with someone else’s arrest the same as resisting your own. Even if your intent is to help, physical interference can bring legal consequences.
- Quick Movements or Instinctive Reactions: Acting out of fear or confusion may still be treated as resistance if your movement interrupts the arrest. A law enforcement officer doesn’t have to know your intent – only that you physically resisted. This is especially common in fast-paced or emotionally charged situations.
Is Passive Resistance (Obstructing) Also a Crime in Colorado?
Colorado criminal law draws a line between physical resistance and passive behavior. If you refuse to stand, go limp, or sit down during an arrest but don’t use or threaten force, that usually won’t meet the definition under CRS 18-8-103. In most cases, passive actions by themselves aren’t charged as resisting arrest.
However, that doesn’t mean you’re totally off the hook. The police may charge you under CRS 18-8-104, which covers obstructing a peace officer. This law applies when someone delays or interferes with law enforcement duties, even without physical force. Sitting in protest or refusing to follow commands might fall under that charge instead. We have often seen individuals trying to photograph or videotape police during another’s arrest get too close and get charged with obstruction themselves. It’s best to always follow police instructions and let the lawyers sort it out later.
Understanding the difference between resisting and obstructing is important because they carry different penalties as well as different standards of proof. Resisting arrest requires proof of physical force or a threat of force, while obstruction covers a broader range of conduct. If you’re unsure which one applies to your case, a qualified criminal defense attorney can examine the charges and the officer’s report to help you prepare a response.
What Are the Penalties for Resisting Arrest in Colorado?
In Colorado, resisting arrest is usually charged as a Class 2 misdemeanor. If you’re convicted, you could face up to 120 days in jail and a fine of up to $750. Even though this is considered a lower-level offense, the consequences can still affect your future.
The penalties can increase if other charges are filed alongside resisting arrest. For example, if you allegedly injured the officer or used a weapon during the incident, you may face more serious charges like assault on a peace officer. These carry harsher penalties, including longer jail time and higher fines.
A conviction for resisting arrest also creates a lasting criminal record. That record may come up in background checks for jobs, housing, or immigration matters. If you’re found guilty, the long-term impact could reach far beyond the courtroom.
Can You Be Charged Even If It Was an Unlawful Arrest?
Yes. Under Colorado law, you can still be charged with resisting arrest even if the arrest itself turns out to be unlawful. The courts expect you to comply with the officer’s commands in the moment and contest the arrest later through legal channels.
This can be frustrating, especially if you believe the officer acted unfairly or made a mistake. But the law doesn’t allow physical resistance just because the arrest feels unjustified. If you pull away or struggle, prosecutors can still pursue the charge regardless of how the arrest began.
For example, if an officer mistakes you for someone else and you physically resist during the arrest, you can still face a resisting charge even after they realize the error. The issue isn’t whether the officer was right – it’s whether your actions involved physical interference. That’s why it’s important to know your legal rights and respond in a way that protects you, even in a stressful or confusing situation.
Defenses to a Resisting Arrest Charge in Colorado
If you’re facing a charge for resisting arrest in Colorado, your defense options will depend on what actually happened during the encounter. These cases usually come down to how your actions were interpreted in the moment and whether they meet the legal definition under C.R.S. 18-8-103. Depending on the situation, here are some defenses that may apply:
- You Didn’t Know the Person Was a Police Officer: If the officer was in plain clothes and didn’t identify themselves clearly, you may not have realized they had the authority to arrest you. The law requires that they be recognized as a peace officer performing official duties. If that wasn’t clear at the time, your reaction might not meet the legal definition of resistance.
- The Officer Was Not Working in Their Official Capacity: For example, if the officer is working as a private security guard during their off-duty hours and there are no grounds for making a citizen’s arrest against you, you may be able to defend yourself against the charges.
- The Officer Used Excessive Force: When officers use excessive force, your response may be treated as self-defense. This defense depends on showing that your actions were meant to protect yourself from bodily injury, not to interfere with a lawful arrest. Courts may consider the level of force used and whether it was reasonable under the circumstances.
- You Didn’t Use or Threaten Physical Force: You can’t be convicted of resisting arrest without proof that you used or threatened physical force. If your reaction was nonviolent, such as stepping back or tensing up, there may not be enough to support the charge. In some cases, officers misinterpret body language during tense encounters.
- The Arrest Was Carried Out Improperly: If the officer lacked probable cause or didn’t follow correct legal procedures, it can affect the validity of the arrest. While unlawful arrest isn’t a complete defense, it can raise questions about how the situation escalated. These questions may help support a motion to dismiss or suppress key evidence.
- Evidence Contradicts the Officer’s Report: Body-worn camera footage, surveillance video, or witness statements can show what really happened. If the officer’s account doesn’t match the evidence, your attorney can challenge their version in court. This can create doubt and shift the outcome in your favor.
How Can a Colorado Criminal Defense Lawyer Help?
If you’re facing a resisting arrest charge, you need a criminal defense attorney who knows how these cases are built and will aggressively push back against claims that don’t hold up. At Colorado Lawyer Team, we have firsthand experience from both sides of the courtroom and know what evidence can lead to dropped or reduced charges.
Here’s how we can help:
- We Look Beyond the Report: Police reports often leave out key details that body cam footage or witness statements reveal. We review every available piece of evidence to make sure your side of the story is heard. That helps us identify problems in the case against you.
- We Know How Prosecutors Work: Our attorneys have handled these charges from the other side. That gives us insight into how they think and what strategies they use in court. We use that to your advantage during negotiations and trial preparation.
- We Challenge Unfair Arrests: Officers sometimes misread actions, use force too quickly, or make assumptions. If the arrest wasn’t handled properly, we’ll raise that issue early. You shouldn’t be punished for something the officer misinterpreted.
- We Fight To Protect Your Record: A misdemeanor can still affect job opportunities, housing, and your future. We push for outcomes like deferred judgments or dismissal when possible.
Get a Free Consultation From a Colorado Criminal Defense Attorney
Resisting arrest charges in Colorado can come from fast, emotional situations where things escalate quickly. You might think your actions were harmless or instinctive, but prosecutors view any physical reaction as interference. These cases can lead to jail time, fines, and a criminal record, even when the original arrest was in error. The law doesn’t leave much room for interpretation once force is involved, so it’s important to take the charge seriously from the start.
If you’ve been accused of resisting arrest, Colorado Lawyer Team is ready to help you sort through what happened and work toward the best possible result. For more information or to schedule an initial consultation, call (970) 344-9401 or contact our law firm online today.