Resisting Arrest in Colorado

Resisting arrest in Colorado is a criminal offense that can arise when prosecutors allege that a person knowingly prevented or attempted to prevent a peace officer from making an arrest. These cases often develop during tense, fast-moving encounters with police, including traffic stops, domestic violence calls, public disturbances, protest arrests, warrant arrests, bar fights, disorderly conduct investigations, and situations where officers are trying to arrest either the accused person or someone else.

Colorado’s resisting arrest statute is C.R.S. § 18-8-103. Under this law, a person commits resisting arrest if they knowingly prevent or attempt to prevent a peace officer, acting under color of official authority, from effecting an arrest of the person or another by using or threatening to use physical force or violence against the peace officer or another person, or by using any other means that creates a substantial risk of causing bodily injury to the peace officer or another person.

Resisting arrest allegations often depend heavily on officer interpretation, body camera footage, witness video, and the sequence of events. A person may be accused of resisting because they pulled away, tensed up, failed to put their hands behind their back quickly enough, asked why they were being arrested, tried to move away from officers, physically reacted to force, or attempted to intervene when someone else was being arrested. But Colorado law requires more than mere confusion, verbal disagreement, or passive noncompliance. The prosecution must prove the statutory elements beyond a reasonable doubt.

Colorado Resisting Arrest Defense Attorney

Resisting arrest charges are often filed alongside other criminal allegations. A person may be charged with resisting arrest in addition to DUI, assault, domestic violence, disorderly conduct, obstruction, trespass, harassment, theft, drug charges, or violation of a protection order. In some cases, the resisting arrest charge becomes the most aggressively pursued count because officers claim the person’s conduct created a safety risk.

At the Law Office of Matthew A. Martin, P.C., we understand that resisting arrest cases require careful review of what actually happened, not just what appears in the police report. Matthew Martin examines body camera footage, dash camera footage, civilian video, officer commands, the timing of the arrest, the client’s movements, the level of force used by police, injuries, witness statements, dispatch records, and whether the prosecution can prove knowing resistance. We fight to protect clients from exaggerated allegations, unlawful arrests, excessive-force situations, and charges based on fear, confusion, or reflexive movement rather than criminal conduct.

If you or someone you love has been charged with resisting arrest in Colorado, call (303) 725-0017 to schedule your free consultation today.

Overview of Resisting Arrest in Colorado

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Definition of Resisting Arrest Under Colorado Law

Resisting arrest is governed by C.R.S. § 18-8-103. Under the statute, a person commits resisting arrest if they knowingly prevent or attempt to prevent a peace officer, acting under color of official authority, from effecting an arrest of the person or another person by using or threatening to use physical force or violence against the peace officer or another person, or by using any other means that creates a substantial risk of causing bodily injury to the peace officer or another person.

This definition contains several important requirements. The prosecution must prove that a peace officer was acting under color of official authority. The state must prove that the officer was effecting an arrest. The state must prove that the accused knowingly prevented or attempted to prevent the arrest. The state must also prove that the accused used or threatened physical force or violence, or used another means that created a substantial risk of bodily injury.

This means resisting arrest is not supposed to punish every disagreement with police. Arguing, asking questions, refusing to answer questions, asking why someone is being arrested, verbally objecting, or being upset does not automatically prove resisting arrest. The focus is on knowing conduct that interferes with an arrest through force, threat, violence, or a substantial bodily-injury risk.

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Common Situations Leading to Resisting Arrest Charges

DUI Arrests — Resisting arrest charges may arise during DUI investigations when officers attempt to place a driver in handcuffs after field sobriety testing or chemical-test decisions. Alcohol, fear, confusion, poor balance, medical conditions, and officer force can all affect how the encounter looks on video.

Domestic Violence Calls — Domestic violence investigations often involve heightened emotion, conflicting accounts, and rapid police decisions. A person may be accused of resisting when officers try to separate parties, make an arrest, remove someone from a home, or control a chaotic scene.

Traffic Stops — A routine traffic stop can escalate if officers order someone out of a car, attempt to handcuff a driver or passenger, or believe the person is not following commands. These cases may involve disputes over whether the person was actually resisting or simply confused by unclear instructions.

Bar Fights and Public Disturbances — Resisting arrest charges often arise after fights, disorderly conduct allegations, or disturbances outside bars, concerts, sporting events, or public gatherings. Officers may arrive after the situation is already chaotic and may misunderstand who did what.

Protest Arrests — During protests or demonstrations, officers may arrest people in crowds, issue dispersal orders, or use crowd-control tactics. A person may be accused of resisting if they pull away, lock arms, fail to move, or physically react during arrest. The defense may examine whether the person knowingly resisted or was caught in crowd movement or conflicting commands.

Warrant Arrests — If police arrive to execute a warrant, resisting allegations may arise if the person runs, refuses to come out, struggles while being handcuffed, or physically blocks officers. These cases often depend on whether the person knew they were being arrested and whether the alleged conduct created the required risk.

Arrests of Another Person — Colorado’s statute also applies to attempts to prevent the arrest of another person. A person may be charged if police believe they physically interfered while a friend, family member, partner, or child was being arrested. These cases often involve emotional reactions, concern for a loved one, or attempts to ask officers what is happening.

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What Counts as Resisting Arrest

Resisting arrest usually involves more than words. Prosecutors may allege resisting when a person pulls away, pushes an officer, braces against being handcuffed, runs, fights, grabs another person, blocks officers, threatens force, swings arms, kicks, uses physical force, or acts in a way that creates a substantial risk of bodily injury during an arrest.

However, not every movement during an arrest is criminal resistance. People may flinch, tense up, lose balance, misunderstand commands, reflexively pull away from pain, panic, or be physically moved by officers. A person may also be injured, intoxicated, disabled, or medically impaired in a way that affects their ability to comply. The defense must examine whether the conduct was knowing resistance or an involuntary, confused, or defensive reaction.

The statute also includes using “any other means” that creates a substantial risk of bodily injury. This language can be broad, but the prosecution still must prove a substantial risk, not merely inconvenience or delay. A minor struggle, verbal refusal, or passive hesitation may not satisfy the statute unless the facts show the required risk or force-based conduct.

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Resisting Arrest of Yourself vs. Another Person

Colorado’s resisting arrest statute applies when a person knowingly prevents or attempts to prevent an officer from arresting either the accused person or another person. This means a person can be charged even if they were not the person being arrested.

Cases involving the arrest of another person often arise when someone tries to intervene during a loved one’s arrest. The accused may have been trying to ask questions, calm the situation, record the encounter, protect a family member, or understand what was happening. Police may view that conduct as interference.

The defense may challenge whether the accused actually used force, threatened violence, or created a substantial risk of bodily injury. Merely standing nearby, asking why someone is being arrested, recording from a safe distance, or verbally objecting should not automatically become resisting arrest. If the conduct is better described as alleged interference without force or injury risk, prosecutors may have charged the wrong offense or overcharged the conduct.

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Resisting Arrest vs. Obstructing a Peace Officer

Resisting arrest and obstructing a peace officer are related but different crimes. Resisting arrest under C.R.S. § 18-8-103 focuses specifically on preventing or attempting to prevent a peace officer from effecting an arrest. The arrest may be of the accused person or another person.

Obstructing a peace officer under C.R.S. § 18-8-104 is broader. It focuses on knowingly obstructing, impairing, or hindering a peace officer, firefighter, emergency medical service provider, rescue specialist, or certain volunteer through violence, force, physical interference, or an obstacle. Obstruction can apply even when no arrest is being made.

The distinction matters because prosecutors sometimes file both charges or choose one based on the officer’s description. A defense attorney must identify whether the facts actually involve an arrest, whether the accused was alleged to prevent that arrest, and whether the state can prove the additional elements of resisting arrest.

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What if the Arrest Was Unlawful?

Many people assume that if an arrest was unlawful, they cannot be convicted of resisting arrest. Colorado law is more complicated. The resisting arrest statute states that it is no defense to a prosecution for resisting arrest that the peace officer was attempting to make an arrest that was in fact unlawful, if the officer was acting under color of official authority and, in attempting to make the arrest, was not using unreasonable or excessive force.

That means a person can still face a resisting arrest charge even if the underlying arrest is later challenged as unlawful, so long as the officer was acting under color of authority and was not using unreasonable or excessive force. The safer legal route is usually to avoid physical resistance, preserve evidence, and challenge the arrest in court through suppression motions, dismissal arguments, civil remedies, or other lawful processes.

However, the legality of the arrest may still matter in several ways. If the officer was not acting under color of official authority, if the person did not know an arrest was being attempted, if the officer’s commands were unclear, if the detention was not actually an arrest, or if the officer used excessive force, those facts may affect the defense. A defense attorney should carefully examine the stop, detention, arrest authority, officer conduct, body camera footage, and whether police actions undermined the prosecution’s case.

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What if Police Used Excessive Force?

Colorado’s resisting arrest statute specifically recognizes excessive force as an important issue. The statute says that unlawful arrest is not a defense if the officer was acting under color of official authority and was not using unreasonable or excessive force. This means excessive force can be central to the defense.

If police used unreasonable or excessive force, the accused person’s physical reaction may need to be viewed in context. A person who is being slammed, choked, twisted, struck, injured, or subjected to painful force may react instinctively. What officers describe as resistance may actually be a response to pain, fear, or unlawful force.

Excessive force cases require careful evidence review. Body camera footage, civilian video, medical records, photographs of injuries, officer use-of-force reports, witness statements, dispatch records, and expert analysis may all matter. The defense may argue that the accused was not knowingly resisting arrest, that the officer used unreasonable force, or that the prosecution’s account omits critical facts about how the encounter escalated.

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Penalties for Resisting Arrest in Colorado

Resisting arrest under C.R.S. § 18-8-103 is a class 2 misdemeanor. For offenses committed on or after March 1, 2022, a class 2 misdemeanor in Colorado generally carries up to 120 days in county jail, a fine of up to $750, or both.

The court may also impose probation, useful public service, court costs, treatment conditions, anger-management classes, no-contact orders, or other conditions depending on the facts of the case. If the resisting arrest allegation arose from a DUI, domestic violence case, assault allegation, protest arrest, or another underlying charge, the court may impose conditions related to those surrounding facts as well.

Although resisting arrest is a misdemeanor, it can still have serious consequences. A conviction creates a criminal record and may be viewed negatively by employers, licensing boards, immigration authorities, security-clearance reviewers, and future courts because it suggests physical conflict with law enforcement.

Related Charges Can Increase the Exposure — Resisting arrest is often charged alongside obstructing a peace officer, assault on a peace officer, disorderly conduct, harassment, trespass, DUI, eluding, domestic violence-related charges, violation of a protection order, or new charges from the event that led to the arrest. If officers allege injury, weapons, threats, or assaultive conduct, the overall exposure may be much greater than the resisting arrest count alone.

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Collateral Consequences of a Resisting Arrest Conviction

A resisting arrest conviction can affect more than the sentence imposed by the court. Employers may view it as a sign of conflict with law enforcement, poor judgment, or inability to comply with authority. This can be especially damaging for people in licensed professions, government work, security, healthcare, education, transportation, military service, or jobs requiring background checks.

For noncitizens, any criminal conviction should be reviewed carefully before a plea is entered. Immigration consequences depend on the exact conviction, sentence, facts, and immigration status. Even misdemeanor convictions can create problems in certain circumstances.

A resisting arrest conviction may also affect future criminal cases. Prosecutors may cite it as part of a person’s history, judges may consider it when setting bond or sentencing, and police may view the person differently in future encounters. Avoiding or reducing the conviction can be important even when the maximum jail exposure seems limited.

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Defenses to Resisting Arrest Charges

No Knowing Resistance — The prosecution must prove that the accused knowingly prevented or attempted to prevent the arrest. If the person did not understand they were being arrested, could not hear commands, was confused, was panicking, or did not knowingly resist, the defense may challenge this element.

No Force, Threat, Violence, or Substantial Risk of Bodily Injury — Resisting arrest requires force, threat, violence, or another means creating a substantial risk of bodily injury. Verbal disagreement, asking questions, passive hesitation, or slow compliance may not be enough.

No Arrest Was Being Effected — The statute applies to preventing or attempting to prevent an arrest. If officers were merely investigating, questioning, detaining, or giving instructions but not effecting an arrest, the defense may challenge whether the statute applies.

Officer Was Not Acting Under Color of Official Authority — The prosecution must prove that the peace officer was acting under color of official authority. If the officer was acting outside any official role, the element may be disputed.

Excessive Force by Police — If officers used unreasonable or excessive force, the defense may argue that the accused’s reaction was not criminal resistance or that the statute’s unlawful-arrest limitation does not protect the prosecution.

Reflexive or Involuntary Movement — Pulling away from pain, flinching, falling, losing balance, tensing up, or moving instinctively may not prove knowing resistance. Medical conditions, injuries, intoxication, panic, and officer force may all be relevant.

Unclear or Conflicting Commands — Multiple officers may shout different commands at once. If the accused was told to do conflicting things or had no realistic opportunity to comply, the prosecution may have difficulty proving knowing resistance.

Self-Defense or Defense Against Excessive Force — In limited circumstances, a person’s response to unreasonable or excessive force may be relevant to the defense. These arguments are fact-specific and require careful legal analysis.

Mistaken Identity — In chaotic scenes involving crowds, fights, protests, or multiple people, police may misidentify who resisted. Video evidence and witness statements may be critical.

Illegal Search, Seizure, or Interrogation — If evidence or statements were obtained through constitutional violations, the defense may seek suppression. This may affect the resisting charge and any related charges.

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Role of a Colorado Criminal Defense Attorney

Reviewing Video Evidence — Body camera footage, dash camera footage, surveillance video, and civilian recordings are often critical in resisting arrest cases. A defense attorney reviews the full encounter to determine whether the police report accurately describes what happened.

Analyzing the Arrest Sequence — Timing matters. The defense examines when officers decided to arrest, what commands were given, whether the accused knew an arrest was happening, and whether the alleged resistance occurred before or after force was used.

Challenging Officer Claims of Resistance — Officers may describe normal reactions, confusion, or defensive movements as resistance. Matthew Martin compares officer statements against video, injuries, witness accounts, and the physical evidence.

Evaluating Excessive Force — If police used unreasonable force, the defense may use medical records, photographs, body camera footage, use-of-force reports, and witness testimony to challenge the prosecution’s theory.

Separating Resisting Arrest from Related Charges — Resisting arrest is often charged with obstruction, assault, disorderly conduct, DUI, domestic violence, or other offenses. A defense attorney evaluates each charge separately and challenges overcharging.

Negotiating Reduced Charges or Dismissal — In some cases, video or witness evidence may support dismissal. In others, defense counsel may pursue a reduction, deferred judgment, or outcome that avoids the most damaging consequences.

Trial Representation — If the case proceeds to trial, the defense attorney cross-examines officers, presents video evidence, challenges intent and force elements, explains the difference between confusion and resistance, and emphasizes the prosecution’s burden to prove every element beyond a reasonable doubt.

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Key Elements the Prosecution Must Prove

To convict a person of resisting arrest under C.R.S. § 18-8-103, the prosecution must generally prove beyond a reasonable doubt that:

  • the defendant knowingly prevented or attempted to prevent an arrest;
  • the arrest was being effected by a peace officer;
  • the peace officer was acting under color of official authority;
  • the arrest was of the defendant or another person;
  • the defendant used or threatened to use physical force or violence against the peace officer or another person, or used another means that created a substantial risk of causing bodily injury to the peace officer or another person; and
  • the conduct occurred in Colorado at or about the date and place charged.

The prosecution does not necessarily have to prove that the arrest was lawful. However, if the officer used unreasonable or excessive force, or if the officer was not acting under color of official authority, those issues may be central to the defense. If the prosecution cannot prove knowing resistance, a qualifying arrest, force or threat, or substantial bodily-injury risk, the defendant cannot be convicted of resisting arrest.

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Frequently Asked Questions

Is resisting arrest a felony in Colorado?
No. Resisting arrest under C.R.S. § 18-8-103 is a class 2 misdemeanor.

What is the penalty for resisting arrest in Colorado?
For offenses committed on or after March 1, 2022, a class 2 misdemeanor generally carries up to 120 days in county jail, a fine of up to $750, or both.

Can I be charged with resisting arrest if I was not the person being arrested?
Yes. Colorado’s statute applies to preventing or attempting to prevent the arrest of yourself or another person.

Is arguing with police resisting arrest?
Not by itself. Resisting arrest generally requires force, threat, violence, or another means creating a substantial risk of bodily injury. Verbal disagreement alone should not automatically qualify.

What if the arrest was unlawful?
Colorado law states that it is not a defense that the arrest was unlawful if the officer was acting under color of official authority and was not using unreasonable or excessive force. However, the legality of the police conduct may still matter in related motions and defenses.

What if police used excessive force?
Excessive force can be a major defense issue. The statute’s unlawful-arrest limitation does not apply the same way when officers use unreasonable or excessive force.

Can pulling away be resisting arrest?
It can be alleged as resisting depending on the facts, but pulling away is not automatically enough. The prosecution must prove knowing resistance and the required force, threat, violence, or substantial risk.

Can I be charged with both resisting arrest and obstruction?
Yes. Prosecutors sometimes charge both. Resisting arrest focuses on preventing an arrest, while obstruction is broader and may involve interference with police or emergency duties.

Can body camera footage help the defense?
Yes. Video evidence is often one of the most important pieces of evidence in resisting arrest cases because it may show the commands, timing, force used, and whether the police report is accurate.

Can resisting arrest charges be dismissed or reduced?
Sometimes. Dismissal or reduction may be possible if the evidence is weak, the conduct was only verbal, the officer used excessive force, the accused did not know an arrest was happening, or video contradicts the officer’s report.

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Additional Resources

Colorado Revised Statutes § 18-8-103 – Resisting Arrest — This is the primary Colorado statute defining resisting arrest. It sets out the required conduct, the arrest requirement, the excessive-force limitation, and the class 2 misdemeanor classification.

Colorado Revised Statutes § 18-8-104 – Obstructing a Peace Officer, Firefighter, Emergency Medical Service Provider, Rescue Specialist, or Volunteer — This statute may be relevant when prosecutors allege interference with police or emergency duties separate from preventing an arrest.

Colorado Revised Statutes § 18-1.3-501 – Misdemeanor Sentencing — This statute provides Colorado’s misdemeanor sentencing structure, including the penalty range for class 2 misdemeanors.

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Finding a Colorado Resisting Arrest Defense Attorney

Resisting arrest charges in Colorado often arise from stressful, fast-moving encounters where police reports may not capture the full story. A person may be accused because they pulled away, froze, asked questions, reacted to pain, tried to protect someone else, or misunderstood commands. But Colorado law requires proof that the person knowingly prevented or attempted to prevent an arrest through force, threat, violence, or conduct creating a substantial risk of bodily injury.

At the Law Office of Matthew A. Martin, P.C., we defend clients facing resisting arrest, obstructing a peace officer, assault on a peace officer, disorderly conduct, DUI, domestic violence-related charges, protest-related arrests, and other criminal matters throughout Colorado. We review video evidence, challenge weak allegations, investigate excessive force, protect constitutional rights, and fight to reduce the impact of criminal charges on our clients’ freedom, records, and future.

If you are facing resisting arrest charges in Colorado, call (303) 725-0017 today to schedule your free consultation.

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