Resisting Arrest

An arrest can be an emotionally charged and traumatic experience. Depending on the circumstances of your arrest, it could be tempting to try to resist. Irrational thoughts of escape may cloud your mind, and unfortunately, the attempt could result in additional criminal charges. The result is that you now face multiple charges simply because you had an emotional reaction to a distressing event.

If you or someone you know has been charged with resisting arrest or escape, it’s crucial that you have legal counsel ready. The penalties for resisting arrest are serious and could put you in jail for up to a year. Additionally, since you’ve somewhat proven to be a flight risk to the court, it’ll be harder for you to secure bail. Having an experienced and knowledgeable attorney on your side will give you a significant advantage in the courtroom. They can utilize their experience, resources, and extensive knowledge of the law to craft a formidable defense that will cast reasonable doubt on the prosecutor’s case.

Obstruction of Justice – Colorado Attorney

Often, a person resists arrest on impulse, and the crime is simply a reaction to a stressful event. Unfortunately, the state of Colorado has laws forbidding any citizen from resisting arrest, even if it was unintentional. If you or someone you know has been arrested for resisting arrest, we suggest contacting the attorneys at Black, Blink, & Associates, LLC.

Our attorneys at Black, Blink, & Associates, LLC have decades of criminal defense practice under their belt. We can examine your charges, identify all your legal options, and develop a defense strategy to attack the prosecution’s case. You can set up your first consultation free at Black, Blink, & Associates, LLC by calling 719-694-0578. Black, Blink, & Associates, LLC accepts clients throughout Colorado.

Overview of Resisting Arrest in Colorado: 

• Is Resisting Arrest a Felony in Colorado?
• How Much Time Does an Attempt to Escape Charge Carry in CO?
• Penalties for Aiding in Escape
• Additional Resources

Is Resisting Arrest a Felony in Colorado?

The state of Colorado takes any obstruction of justice charge very seriously, including resisting arrest. Under the Colorado Revised Statutes (C.R.S.), you will be charge for resisting arrest if the police officer believes you knowingly prevented or attempt to prevent a peace officer from effecting an arrest for you or someone else by doing one of the following:

• Using, or threatening to use, a type of physical force or violence against a peace officer;
• Using any other means to resist arrest that results in a substantial risk of causing injury to the peace officer or someone else

It’s important to note that the officer must be lawfully on duty for you to be charged with resisting arrest. In addition, Colorado law states that claiming the peace officer was attempting an unlawful detention or used unreasonable and excessive force to execute that arrest is inadmissible in court. Peace officers, according to the law, must act “under color of his official duty” and make a judgment in good faith based upon surrounding facts and circumstances before an arrest should be made.

Resisting arrest is not a felony; instead, it is charged as a class 2 misdemeanor. If convicted, you will face the following maximum penalties:

• Up to 364 days in jail; and
• A fine of up to $1,000

How Much Time Does an Attempt to Escape Charge Carry in Colorado?

Attempting to resist an arrest can yield serious criminal consequences that could follow you for years. So, what happens if you try to escape a detention facility? Under Colorado Revised Statutes (C.R.S) 18-8-208.1, it states that if you attempt to escape while in police custody or confinement, then you’ll be charged with a class 4 felony. The  penalties for a class 4 felony is:.

• 2-6 years in a state prison; and
• A fine of up to $500,000

The penalties for attempting escape may change if specific facts are proven valid in court. You could be charged with a class 5 felony for attempting arrest if you tried to escape custody or confinement after a felony conviction and were serving a direct sentence to a community corrections program. It’s important to know that you can also face a class 5 felony if you attempt to escape from an intensive supervision parole program.

The maximum penalties for a class 5 felony can be found below.

• Up to 3 years in prison; and
• A fine of up to $100,000

Attempting to escape custody or detainment for a minor crime will result in lighter penalties. Suppose you tried to escape custody or confinement for misdemeanor or petty offense charges or a conviction. In that case, you’ll automatically face a sentence of imprisonment in county jail for up to 4 months. The sentence imposed by the judge for attempting escape will run consecutively with any sentences currently being served.

Penalties for Aiding Escape in Colorado

Helping or assisting an inmate to escape from custody or confinement will also result in criminal penalties. C.R.S. states that if you knowingly aid, abet, or assist another person to escape or attempt to escape from custody or confinement, you will be criminally charged. It’s important to understand that the term “escape” is deemed to be a continuing activity. That means you can be charged for assisting a person to escape at any point in their plan, including its inception.

Aiding and abetting another person to escape custody or confinement is a class 1 misdemeanor if the offender was charged with a misdemeanor or petty offense. The maximum sentencing for a class 1 misdemeanor includes:

• Up to 18 months in jail; and
• A fine of up to $5,000

If the inmate you aided and abetted was convicted of a felony (other than class 1 or 2), then you will instead face a class 3 felony. The maximum punishment for a class 3 felony includes:

• Up to 12 years in prison; and
• A fine of up to $750,000

Helping an inmate convicted of a class 1 or 2 felony form custody or confinement is a class 2 felony, which is punishable by:

• Up to 24 years in prison; and
• A fine of up to $1,000,000

Defense Attorney for Resisting Arrest Charges in Colorado

If you or someone you know has been charged with resisting arrest, it’s vital you contact for experienced counsel you can trust. We suggest you look no further than the attorneys at Black, Blink, & Associates, LLC. With decades of experience and a passion for defense, our attorneys understand what it takes to defend an obstruction of justice crime. Our team has studied procedures for law enforcement and detainment thoroughly and can craft a defense that could potentially save your freedom.

It’s time to take charge of your defense and feel confident when you enter that courtroom. 

Get started on your defense plan today by contacting the attorneys at Black, Blink, & Associates LLC by calling 719-694-0578. We will sit with you, discuss your charges, and begin strategizing on what the next best step is. Black, Blink, & Associates LLC represents clients in the El Paso County area and surrounding counties including Fremont County, Douglas County, Elbert County, and Pueblo County.