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Evading Arrest

Evading arrest occurs when an individual deliberately tries to avoid being apprehended by law enforcement. While Colorado does not have a single statute labeled “evading arrest,” fleeing from police can result in various criminal charges, depending on the circumstances. These charges can result in a misdemeanor conviction, with small fines and up to a few days in jail, or a felony conviction.

Denver Lawyer for Evading Arrest Charges

If you are facing charges for evading arrest, resisting law enforcement, or vehicular eluding, you need a strong defense strategy. Prosecutors take these cases seriously, and a conviction can lead to jail time, heavy fines, and a permanent criminal record. Do not try to handle this alone—contact an experienced criminal defense attorney today to protect your rights and fight for the best possible outcome.

Contact the Law Office of Matthew A. Martin, P.C. today at (303) 725-0017 for a confidential consultation and take the first steps toward protecting your rights. Matthew Martin represents clients throughout the state of Colorado, including the city of Denver in Denver County, and the surrounding areas in the Front Range region including: Brighton in Adams County, Centennial and Littleton in Arapahoe County, Castle Rock in Douglas County, Golden in Jefferson County, and Boulder and Longmont in Boulder County.

Evading Arrest under Colorado Law

The term “evading arrest” may generally be disambiguated into two primary laws: Vehicular Eluding and Eluding a Police Officer.

Vehicular eluding

Vehicular evading (CRS 18-9-116.5) refers to driving recklessly (CRS 42-4-1401) in an attempt to evade a pursuing police car. This felony can carry anywhere from one to 12 years in prison, depending on whether or not the pursuit resulted in serious injury or death.

Eluding a police officer

Eluding a police officer (CRS 42-4-1413) refers to dodging – or attempting to dodge – a police vehicle that is signaling you to pull over. This class 2 traffic misdemeanor carries $150 to $300 in fines, and/or 10 to 90 days in jail. Eluding is semantically different than CRS 18-9-116.5 in that it typically does not entail reckless driving (e.g., high speed pursuit).

Penalties for Evading Arrest in Colorado

Offense	Classification	Potential Penalties
Resisting Arrest	Class 2 Misdemeanor	Up to 120 days in jail, fines up to $750
Obstructing a Peace Officer	Class 2 Misdemeanor	Up to 120 days in jail, fines up to $750
Vehicular Eluding (No Injury)	Class 5 Felony	1-3 years in prison, fines up to $100,000
Vehicular Eluding (With Injury)	Class 4 Felony	2-6 years in prison, fines up to $500,000
Vehicular Eluding (With Death)	Class 3 Felony	4-12 years in prison, fines up to $750,000
Escape from Custody (Misdemeanor Case)	Class 2 Misdemeanor	Additional jail time and fines
Escape from Custody (Felony Case)	Felony	Additional prison time and fines

Defenses to Evading Arrest Charges

Lack of Intent

To be convicted of resisting or evading arrest, the prosecution must prove intent. If the accused did not knowingly resist or flee (e.g., they were unaware an officer was pursuing them), the charges may be reduced or dismissed.

Unlawful Arrest

If law enforcement did not have legal grounds to detain or arrest the individual, any resistance may not be a crime. An unlawful arrest occurs when:

The officer lacked probable cause
The arrest involved excessive force or misconduct

Self-Defense Against Police Misconduct

While resisting arrest is generally illegal, Colorado law allows individuals to defend themselves against excessive force by law enforcement. If an officer used unreasonable physical force, a person may have the right to resist for self-protection.

Mistaken Identity

If the police pursued the wrong person, an attorney can argue that the individual was not aware of the situation or had no involvement in the alleged crime.

Necessity or Duress

If a person fled from the police because they were in immediate danger (e.g., escaping domestic violence or a life-threatening situation), they may argue necessity or duress as a legal defense.

Frequently Asked Questions

Can I be charged with evading arrest if I didn’t know the police were chasing me?

Yes, but the prosecution must prove that you knowingly and willfully tried to avoid arrest. If you were unaware that an officer was pursuing you, this could be a strong defense.

What is the difference between resisting arrest and obstructing a police officer?

Resisting arrest (CRS 18-8-103) involves physical resistance or force used to prevent an officer from making an arrest.
Obstructing a police officer (CRS 18-8-104) includes non-physical interference, such as providing false information or refusing to comply with an officer’s orders.

Can I be charged with resisting arrest if the police used excessive force?

Colorado law allows individuals to defend themselves against unlawful or excessive force by law enforcement. If the officer used unreasonable violence, your attorney can argue that you acted in self-defense rather than resisting arrest.

Is running from the police always considered evading arrest?

Not necessarily. If there was no lawful reason for the police to stop you, or if you reasonably feared for your safety, you may have a valid defense. However, fleeing from police in a vehicle almost always results in criminal charges.

Will I lose my driver’s license if I flee from police in a car?

Yes. A conviction for vehicular eluding can result in license suspension or revocation, depending on the severity of the offense.

Can I go to jail for resisting arrest if I didn’t use force?

Yes. Even non-violent resistance, such as pulling away from an officer or refusing to be handcuffed, can result in a Class 2 misdemeanor punishable by up to 120 days in jail and fines up to $750.

Can resisting arrest be charged as a felony?

Yes, in cases where:

The resistance causes injury to an officer.
The person escapes from custody after being arrested for a felony offense.

Hire a Lawyer for Evading Arrest Charges in Denver, CO

Evading arrest charges can lead to serious consequences, including jail time, fines, and a criminal record. If you have been accused of resisting arrest, fleeing from police, or eluding in a vehicle, take action now. An experienced defense attorney can help fight your charges, protect your rights, and work toward the best possible outcome. Call today for a confidential consultation and start building your defense.