Resisting Arrest
If you or a family member have been charged with Resisting Arrest, you are going to need assistance from a skilled and confident attorney right away. The penalties for this charge are serious, and the consequences long lasting. Remember to remain silent, ask for an attorney, and call the firm right away. The sooner you obtain legal representation, the easier it will be to navigate the criminal justice system for you and your family.
Call the Law offices of Jason R. Gardner today at (303) 552-1720 to setup a free consultation appointment, fill out the Contact Form on this page, or click on the button below to schedule a consultation.
What is Resisting Arrest?
Resisting Arrest is when a person knowingly keeps a law enforcement officer from performing their duties, or from arresting another person by physical force or threat of physical force or by any other means which puts the officer at risk of bodily injury.
Resisting Arrest is often charged for any hinderance of a law enforcement officer doing their duty.
Resisting Arrest is a Class 2 Misdemeanor, which carries a penalty of up to 120 days in jail, and a fine of up to $750.
C.R.S. 18-8-103 - Resisting Arrest
(1) A person commits resisting arrest if he knowingly prevents or attempts to prevent a peace officer, acting under color of his official authority, from effecting an arrest of the actor or another, by:
(a) Using or threatening to use physical force or violence against the peace officer or another; or
(b) Using any other means which creates a substantial risk of causing bodily injury to the peace officer or another.
(2) It is no defense to a prosecution under this section that the peace officer was attempting to make an arrest which in fact was unlawful, if he was acting under color of his official authority, and in attempting to make the arrest he was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A peace officer acts ”under color of his official authority“ when, in the regular course of assigned duties, he is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made by him.
(3) The term ”peace officer“ as used in this section and section 18-8-104 means a peace officer in uniform or, if out of uniform, one who has identified himself by exhibiting his credentials as such peace officer to the person whose arrest is attempted.
(4) Resisting arrest is a class 2 misdemeanor.
The Law Offices of Jason R. Gardner, LLC, respects your privacy, and will not share any of your personal information with any third party. Your email address and other contact information will only be used by the firm in contacting you and in setting up a consultation appointment.