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Definitions of Resisting Arrest

In Colorado, resisting arrest by means of threats, violence, or force against law enforcement is a class 2 misdemeanor. Kicking an officer while being arrested, threatening them, or instructing others to aid you in preventing a lawful arrest can all be classified as resisting arrest. Penalties for such actions include 3-12 months in jail and/or $250-$1,000 in fines.

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Resisting Arrest

Resisting arrest is an additional charge added on to the original crime you were being arrested for.

The elements of resisting arrest are:

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. knowingly,
  4. prevented or attempted to prevent a peace officer, acting under color of his [her] official authority, from effecting an arrest of the defendant or another
  5. by using or threatening to use physical force or violence against the peace officer or another.
  6. and that the defendant’s conduct was not legally authorized by the affirmative defense

Arrests are not always handled as they should be. Perhaps the officer used excessive force on you or maybe they were not even on active duty. We won't let you get pushed around in court. Call Chris Ponce to assist you.

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Chris Ponce

Chris Ponce is a former prosecutor with a stellar conviction record. Chris knows how to dismantle a criminal case, because he spent years building them. Chris is licensed to practice in every county in the State of Colorado. He is also licensed to practice before the Colorado Court of Appeals, and the Colorado Supreme Court.
Email chris@hamptonpigott.comPhone (720) 566-5055
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