Wolf Law is proud to serve Denver and surrounding communities, including Aurora, Lakewood, and the broader Denver Metro area. Being arrested is a frightening and disorienting experience. In the moment, the impulse to pull away, to object, or to resist can arise instinctively. But in Colorado, resisting arrest is a criminal offense — and it is one that prosecutors take seriously. If you have been charged with resisting arrest, whether on its own or alongside other charges, you need an excellent criminal defense attorney working on your behalf.
Wolf Law represents individuals across Colorado with a criminal defense practice focused on preparation, strategy, and strong legal advocacy. Attorneys and Partners Jeff Wolf and Colleen Kelley lead the firm’s defense team, each bringing decades of trial experience and a commitment to protecting their clients’ rights at every stage. Both attorneys are known for their sharp legal analysis and national media presence on Court TV and Law & Crime, and both bring the same level of rigorous preparation and courtroom skill to every resisting arrest defense case they handle in Colorado.
Resisting arrest charges can arise from a brief physical reaction during an arrest, from verbal confrontations with officers, or from situations where the arrest itself was unlawful. The facts matter enormously, and so does having the right legal team in your corner from the start.
What Is Resisting Arrest Under Colorado Law?
Under Colorado Revised Statutes Section 18-8-103, 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 by using or threatening to use physical force or violence, or by using any other means that creates a substantial risk of physical injury to the officer or another person.
Resisting arrest is a class 2 misdemeanor under Colorado’s two-class misdemeanor system. While that may sound minor, a conviction carries real consequences: a permanent criminal record, fines, potential jail time, and the collateral impact on employment and other areas of your life. It is also frequently charged alongside other offenses — assault on a peace officer, obstruction, or the underlying charge that prompted the arrest — which can significantly increase your overall legal exposure.
What Are Common Scenarios That Lead to Resisting Arrest Charges?
Resisting arrest charges arise from a wide range of situations, and not all of them involve intentional defiance. Our attorneys frequently represent clients in these circumstances:
- Physical reaction during an arrest: Pulling away from an officer’s grip, twisting, or struggling during handcuffing can be charged as resisting arrest even when the person did not intend to obstruct the officer. Intent is a key element our attorneys examine closely.
- Verbal escalation: While verbal objection alone does not constitute resisting arrest under Colorado law, situations where verbal confrontation escalates and an officer perceives a physical threat can result in charges.
- Flight on foot: Fleeing from an officer attempting to make an arrest can be charged as resisting arrest. The specific facts of the flight — and whether the arrest itself was lawful — are central to the defense.
- DUI and traffic stops: Resisting arrest frequently arises during DUI stops or traffic-related arrests in Denver, Aurora, and along the I-25 corridor. Our attorneys examine the full sequence of events leading to the arrest and the resisting allegation.
Why Resisting Arrest Charges Require Immediate Legal Attention
Even as a misdemeanor, a resisting arrest conviction permanently marks your criminal record. More importantly, resisting arrest charges almost always accompany another offense, and the combination can significantly escalate the prosecution’s leverage in the case. How the resisting arrest charge is handled can directly affect the outcome of the underlying charge as well.
In Colorado, everyone charged with a crime is entitled to bond, unless they are charged with first degree murder — the question is the ability to meet the conditions set by the court. How bond is set can affect your ability to work and care for your family while your case is pending. Our attorneys appear at bond hearings and fight for conditions that are fair given the specific circumstances of your case.
Charged with resisting arrest in Denver, Aurora, or Lakewood? Call Wolf Law at 720.479.8574 for a free consultation. Our legal team will evaluate your case immediately.
What Are the Defenses to Resisting Arrest in Colorado?
There are several viable defense strategies our attorneys evaluate in resisting arrest cases:
- Unlawful arrest: Colorado law recognizes that a person may use reasonable force to resist an unlawful arrest. If the officer lacked legal authority to make the arrest, the resisting arrest charge may not hold. Our attorneys examine the lawfulness of the underlying arrest as a threshold matter.
- No physical force or substantial risk: The statute requires the use or threat of physical force, or conduct creating a substantial risk of injury. Purely verbal objection does not meet this standard. Our attorneys challenge whether the conduct alleged actually satisfies the legal elements.
- Lack of knowing conduct: Resisting arrest requires that the defendant knowingly prevented or attempted to prevent the arrest. An involuntary physical reaction — a startle response, a medical episode, or confusion about what was happening — may negate this element.
- Excessive force by the officer: If the officer used excessive force in making the arrest, the context changes significantly. Our attorneys investigate officer conduct and document any use of force that exceeds what the law permits.
How Resisting Arrest Charges Interact With Other Offenses
Resisting arrest is frequently charged alongside assault on a peace officer, which is a felony under Colorado law, as well as obstruction charges and the underlying offense that triggered the arrest. Managing the full scope of the charges — not just the resisting arrest count — requires a defense strategy that addresses the entire case.
Jeff Wolf and Colleen Kelley are both excellent trial attorneys who understand how stacked charges work and how to address them strategically. Both appear regularly on national platforms including Law & Crime and Court TV, bringing the same high-level legal analysis they apply in Colorado courtrooms to their national commentary. Whether your case is in Denver County Court, the Jefferson County Courthouse in Lakewood, or another court in the Denver Metro area, our legal team is ready.
What to Do If You Have Been Charged With Resisting Arrest
- Do not discuss the incident: Do not talk to police, prosecutors, or anyone else about what happened without your attorney present. Anything you say can and will be used against you.
- Write down everything you remember: Document your recollection of the arrest as soon as possible — what the officer said, what happened, and the sequence of events. These details matter and they fade quickly.
- Gather any available evidence: If there was surveillance, witnesses, or other documentation of the arrest, let your attorney know. Independent evidence of the arrest circumstances can be critical.
- Call Wolf Law immediately: The sooner our legal team is involved, the more we can do to protect your rights and your record. Call 720.479.8574 today.
Contact Wolf Law — Fight Your Resisting Arrest Charge
Resisting arrest charges are serious and deserve serious legal attention. Wolf Law offers free consultations, and our attorneys are ready to evaluate your case and build your defense from day one. Call 720.479.8574 to speak with our legal team today.
Wolf Law represents clients throughout Colorado with excellent criminal defense. From Denver to Aurora, Lakewood, and every community in between, our attorneys are ready to stand beside you. Call Wolf Law at 720.479.8574 for your free consultation.
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