Resisting arrest in Colorado

What the charge means

Under C.R.S. 18-8-103, a person commits resisting arrest by knowingly preventing, or attempting to prevent, a peace officer acting under color of official authority from arresting the person or someone else, in one of two ways:

• Force or violence. Using or threatening to use physical force or violence against the officer or another person.
• Dangerous means. Using any other means that creates a substantial risk of bodily injury to the officer or another person.

Prosecutors must prove the knowing mental state, that an arrest was actually underway, that the officer was acting under color of official authority, and that your conduct fit one of those two categories. Simply not cooperating is not enough. The charge targets force, threats, or conduct that puts someone at real risk of injury. Common scenarios include pulling away and struggling during handcuffing, swinging at officers, and fleeing in a way that endangers people. An important wrinkle: an unlawful arrest is generally not a defense, as long as the officer was acting under color of authority. The exception is when the officer uses unreasonable or excessive force, which can give rise to a right of self defense.

Classification and sentencing

Resisting arrest is a class 2 misdemeanor. Under Colorado's current misdemeanor sentencing law, C.R.S. 18-1.3-501 as revised by Senate Bill 21-271, a class 2 misdemeanor carries up to 120 days in jail and a fine of up to $750.

That range describes what applies only if the court imposes jail. The statute does not mandate incarceration for this charge, so probation, a fine, useful public service, or another sentence is often possible. Watch the companion charges. If the state alleges an officer was injured, prosecutors sometimes file second degree assault on a peace officer instead, which is a felony with far higher stakes, so how the case is charged matters enormously.

What else it touches

A resisting arrest conviction leaves a misdemeanor record that background checks will show, and employers sometimes read this particular charge harshly. Any conviction can raise questions for immigration status or professional licenses depending on the circumstances. A class 2 misdemeanor conviction is generally eligible for record sealing after about two years if you stay conviction free and meet the other requirements, and a dismissed case can usually be sealed right away. In Colorado, we defend resisting arrest charges. A consultation is the place to get answers about your specific situation.