An arrest can be an emotionally charged and traumatic experience. Depending on the circumstances of your arrest, it could be tempting to try and resist. Irrational thoughts of escape may cloud your mind and then unfortunately the attempt just results in additional criminal charges. The result being 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 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 proven to somewhat 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 you a formidable defense that will cast reasonable doubt on the prosecutor’s case.
Obstruction of Justice Colorado Springs Attorney in CO
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 you get in contact with the attorneys at Law Offices of Clifton Black, PC.
Our attorneys at Law Offices of Clifton Black, PC have years of criminal defense practice under their belt. We can examine your charges, unveil all your legal options, and develop an impenetrable defense plan to undermine the prosecution’s case. You can set up your first consultation free at Law Offices of Clifton Black, PC by calling (719) 328-1616. Law Offices of Clifton Black, PC accepts clients throughout the Colorado Springs and El Paso County area including Fountain, Monument, Peyton, Manitou Springs, Black Forest, and Calhan.
Overview of Resisting Arrest in CO:
- 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 arrests. Under the Colorado Revised Statutes (C.R.S.), you’re guilty of resisting arrest if you knowingly prevent 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 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 arrest 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 judgement in good faith based upon surrounding facts and circumstances than arrest should be made.
Resisting arrest is not a felony, but instead 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 CO?
Attempting to resist an arrest can yield serious criminal consequences that could follow you for years. So, what happens if you attempt to escape a detention facility? Under Colorado Revised Statues (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 maximum penalties for a class 4 felony are listed below.
- Up to 12 years in a state prison; and
- A fine of up to $750,000
The penalties for attempting escape are susceptible to change if certain facts are proven to be true 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 either 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 attempted 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 from a minor crime will result in lighter penalties. If you attempted to escape custody or confinement for a misdemeanor or petty offense charges or conviction, then 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 offender to escape from custody or confinement will also result in criminal penalties. C.R.S. states if you knowingly aid, abet, or assist another person to escape or attempt to escape from custody or confinement 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 of 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 a class 1 misdemeanor can yield includes:
- Up to 18 months in jail; and
- A fine of up to $5,000
If the offender 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 offender 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
National Police Accountability Project | NPAP – Visit the official website for the National Police Accountability Project (NPAP), an organization and project of the National Lawyers Guild. This non-profit was created to protect the human and civil rights of individuals who have had traumatizing and stressful experiences from law enforcement acting out of turn. Learn more about their mission, stories and how to help by visiting the link provided.
Colorado’s Laws for Resisting Arrest – Visit the official website for the Colorado Revised Statutes (C.R.S) to learn more about their laws on resisting arrest. Access the site to view the elements of the crime, inadmissible defenses and other relevant obstruction of public justice Colorado laws.
Defense Attorney for Resisting Arrest Charges in Colorado Springs, CO
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 Law Offices of Clifton Black, PC. With years 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 Law Offices of Clifton Black, PC by calling (719) 328-1616. We will sit with you, discuss your charges, and begin strategizing on what the next best step is. Law Offices of Clifton Black, PC represents clients in the El Paso County area and surrounding counties including Fremont County, Douglas County, Elbert County, and Pueblo County.