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Denver Resisting & Obstructing Arrest Lawyer
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Standing Up for Your Rights Against Police Overreach
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Understanding Resisting Arrest in Colorado
Legal Definition and Elements
Resisting arrest is a Class 2 misdemeanor in Colorado. You can be charged with resisting arrest in addition to whatever underlying crime you were originally being arrested for, potentially doubling your legal troubles. You commit resisting arrest by knowingly preventing a law enforcement officer from taking you—or another person—into custody through:- Inflicting physical force on police officers or others
- Threatening to inflict physical force on police officers or others
- Otherwise causing a high risk that police or others will be injured
Examples of Resisting Arrest
| Category | Examples |
|---|---|
| Physical Resistance | Kicking an officer while being handcuffed Pulling away or struggling during arrest Fighting or striking officers Running from police during arrest |
| Threats and Verbal Resistance | Telling an officer “I’ll kill your family unless you release me” Threatening violence against officers or their families Making statements that could be interpreted as threats |
| Inciting Others | Instructing a crowd to attack police officers Encouraging bystanders to interfere with arrests Creating situations that endanger officers’ safety |
Penalties
Class 2 misdemeanor carrying up to 120 days in jail and/or fines up to $750 (or both).Defenses to Resisting Arrest
Not every confrontation with police constitutes criminal resistance. Several strong defenses can challenge these charges:
| Defense | When This Defense Applies | Example |
|---|---|---|
| Officer Not Acting in Official Duties | Officer was off-duty and working as private security without legal authority Officer exceeded their jurisdiction or authority No legal grounds existed for making a citizen’s arrest | An off-duty officer working as a mall security guard attempts to arrest you for trespassing without proper legal authority. |
| Officer Using Excessive Force | Officer used unreasonable or disproportionate force You acted in lawful self-defense or defense of others Officer’s conduct violated your constitutional rights | An officer beats you despite your compliance, and a bystander intervenes to stop the excessive force. |
| You Did Not Act Knowingly | Medical conditions caused uncontrollable movements You were unconscious or incapacitated | You have a seizure while being handcuffed, causing your arms to flail and accidentally strike an officer. |
Important Legal Limitation
It is NOT a defense that the arrest was unlawful if the officer was acting
“under color of official authority.” This means that even if the original arrest was improper, you can still be convicted of resisting if:
- The officer was in the regular course of assigned duties
- The officer made a good faith judgment based on surrounding circumstances
- The officer was not using unreasonable or excessive force
Key Point: Challenging illegal police actions must be done in court,
not during the arrest itself.
— Legal Definition and Scope —
Obstruction of a Peace Officer
Obstructing a peace officer is a Class 2 misdemeanor that applies to interference with various emergency personnel, including police officers, firefighters, EMTs, rescue specialists, and volunteers.
You commit obstruction when you knowingly obstruct, impair, or hinder through violence, force, or physical interference:
- Enforcement of penal law (police work)
- Preservation of peace (maintaining order)
- Abatement of fire (firefighting efforts)
- Application of medical treatment or emergency assistance
Common Examples of Obstruction
Interference with Police:
- Verbally threatening harm to officers
- Stopping or attempting to stop an arrest or traffic stop
- Crossing police tape or entering crime scenes
- Giving false information to law enforcement
Interference with Emergency Services:
- Blocking firefighters from accessing a fire
- Preventing EMTs from treating patients
- Interfering with rescue operations
- Obstructing emergency vehicles
Broad Application: The obstruction statute is intentionally broad, meaning many different behaviors can potentially be charged as obstruction. This makes experienced legal representation crucial for challenging these charges.
Obstruction of Police Animals
Special Category: Interfering with police dogs or other law enforcement
animals can also result in obstruction charges.
- Threatening or attacking police dogs
- Attempting to block drug or bomb-sniffing dogs
- Interfering with K-9 operations
- Physically harming police animals
Penalties
Obstruction is a Class 2 misdemeanor carrying up to
120 days in jail and/or fines up to $750.
Founder of Beck Law Office, former Deputy District Attorney with 24+ years of experience. Lori defends clients across Colorado with proven strategies and deep insight into how prosecutors build cases.
— Former Prosecutor's Advantage —
Why You Need an Experienced Defense Attorney
Former Prosecutor's Advantage
- Understanding Police Procedures: Attorney Lori Beck's prosecutorial background provides insight into how police build cases and where weaknesses typically occur
- Challenging Police Testimony: We know how to cross-examine officers effectively and identify inconsistencies in their accounts
- Constitutional Expertise: We understand when police exceed their authority and how to challenge improper conduct
Our Proven Defense Strategies
- Evidence Analysis: We examine all available evidence including video footage, audio recordings, and physical evidence
- Witness Investigation: We locate and interview independent witnesses who can provide alternative accounts of events
- Police Conduct Review: We investigate whether officers followed proper procedures and training
- Constitutional Challenges: We identify violations of your rights and seek dismissal or suppression of evidence
What's at Stake
- Criminal Penalties: Jail time, fines, and permanent criminal record
- Enhanced Penalties: Additional charges on top of underlying criminal offenses
- Future Consequences: Impact on employment, housing, and professional licenses
- Civil Rights: Protecting your constitutional rights against police overreach
Other Related Crimes Involving Police
Vehicular Eluding and Eluding a Police Officer
Vehicular Eluding
Definition: Driving recklessly while attempting to evade pursuing police.
Penalties: Felony charge carrying 1 to 4 years in prison. Penalties increase if injury or death results.
Eluding a Police Officer
Definition: Failing to stop when police signal you to pull over or attempting to avoid or escape from police traffic stops.
Severity: Less serious than vehicular eluding but still carries significant penalties.
Disarming a Peace Officer
Legal Definition: Knowingly removing a weapon from a police officer while the officer is acting in official capacity.
Penalties: Serious felony charge with substantial prison time.
Impersonating a Peace Officer
Legal Definition: Falsely pretending to be a police officer and performing acts within the capacity of a peace officer. This can include wearing badges, uniforms, or using police equipment.
— The Power Imbalance Problem —
Challenging the "Officer's Word" in Court
The Power Imbalance Problem
When you're charged with crimes involving police, you face an inherent disadvantage:
- Judges and juries often favor police testimony over civilian accounts
- Police reports are presumed accurate unless challenged with evidence
- Officers are trained in report writing and courtroom testimony
- Multiple officers often corroborate each other's accounts
How We Level the Playing Field
Thorough Investigation
- Examine all physical evidence, including body camera footage, dash cam video, and cell phone recordings
- Interview independent witnesses who weren't involved in the arrest
- Review police training records and disciplinary history
- Analyze inconsistencies between officers' reports and other evidence
Constitutional Challenges
- Identify violations of your Fourth Amendment rights against unreasonable searches and seizures
- Challenge Fifth Amendment violations if police failed to read Miranda rights
- Examine whether police used excessive force in violation of your constitutional rights
Expert Analysis
- Use-of-force experts when excessive force is alleged
- Medical professionals to evaluate injuries sustained during arrest
- Accident reconstruction specialists for vehicular eluding cases
Police Misconduct Documentation
- Investigate officers' disciplinary records and complaint history
- Examine patterns of similar incidents involving the same officers
- Identify training deficiencies or policy violations
Why Court Proceedings Work Better Than Street Confrontations
Legal Reality: Challenging police actions during an arrest almost always makes your situation worse and can result in additional charges. The proper place to challenge illegal police conduct is in court with experienced legal representation.
Strategic Approach: We use legal procedures like suppression motions, constitutional challenges, and evidentiary hearings to expose police misconduct and protect your rights through the proper legal channels.
Don't Let Police Overreach Go Unchallenged
When police officers exceed their authority or use excessive force, they must be held accountable. These charges often arise from situations where emotions run high and officers may not follow proper procedures. You have the right to challenge their conduct through the legal system.
Your word matters, and with the right legal representation, it can prevail over police testimony. We know how to investigate these cases thoroughly, challenge police accounts, and protect your constitutional rights.
Time is critical for preserving evidence and building your defense. Video footage gets deleted, witnesses disappear, and police reports become harder to challenge as time passes.
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