If you or a loved one has been charged with Resisting Arrest in Fort Collins, Loveland, Estes Park, or anywhere else in Larimer County, you are facing a serious criminal charge that can follow you for years. Many people are shocked to learn they have been charged after what they believed was a minor misunderstanding with law enforcement. The reality is that Colorado law casts a wide net when it comes to Resisting Arrest, and even non-violent resistance can result in significant criminal penalties.
As Colorado criminal defense attorneys serving Larimer County and the surrounding region, we have helped clients throughout this area fight these charges, protect their records, and get on with their lives. This guide will explain everything you need to know about Resisting Arrest charges in Colorado.
Larimer County Resisting Arrest Lawyer: Understanding Colorado’s Resisting Arrest Law Statute
Colorado’s Resisting Arrest law is found at Colorado Revised Statutes § 18-8-103. Under this statute, a person commits the offense of Resisting Arrest if they knowingly prevent or attempt to prevent a peace officer, acting under color of official authority, from effecting an arrest of the actor or another person by:
- Using or threatening to use physical force or violence against the peace officer or another;
- Using any other means that creates a substantial risk of causing bodily injury to the peace officer or another; or
- Employing means that require substantial force to overcome.
It is important to understand what the law does NOT cover. Merely arguing with an officer, verbally protesting an arrest, or passively going limp does not, by itself, constitute Resisting Arrest under Colorado law. However, prosecutors and law enforcement often interpret the boundaries of this statute broadly, which is why having an experienced defense attorney review your case is so critical.
Potential Penalties for Resisting Arrest in Fort Collins and Loveland
Resisting Arrest in Colorado is classified as a class 2 misdemeanor. The penalties upon conviction can include:
- Up to 120 days in the Larimer County Jail
- Fines up to $750
- Probation
- A permanent criminal record
While this may sound manageable on paper, the collateral consequences of a misdemeanor conviction in Colorado can be severe. A conviction can affect your employment, professional licenses, housing applications, and immigration status. For students at Colorado State University or Front Range Community College in Fort Collins, a conviction can jeopardize financial aid and campus housing. These are consequences that extend far beyond any fine or jail time. If the Resisting Arrest involved use of a deadly weapon or caused bodily injury to a law enforcement officer, charges can be elevated or additional charges such as Assault on a Peace Officer (C.R.S. § 18-3-203) may be stacked on top of the Resisting Arrest charge, significantly increasing potential penalties.
Common Larimer County Scenarios That Lead to Resisting Arrest Charges
In our experience defending clients across Larimer County, Resisting Arrest charges most frequently arise out of a handful of common scenarios. Understanding these patterns helps illuminate how quickly a situation can escalate from a routine encounter to a criminal charge.
Traffic Stops Gone Wrong
A traffic stop for speeding on I-25 near Fort Collins or on U.S. 34 near Loveland can quickly escalate if a driver refuses to exit the vehicle, pulls away from an officer’s grip, or tenses up during a pat-down. Officers are trained to view certain physical responses as resistance, even when the driver believes they are simply reacting out of surprise or fear. These cases are common and very defensible with the right legal strategy.
DUI Arrests
DUI arrests along the Highway 287 corridor between Fort Collins and Loveland, near Old Town Fort Collins bars, or on the return route from Estes Park frequently involve Resisting Arrest allegations. An intoxicated person who stumbles, grabs a car door, or fails to comply quickly with officer commands may face this additional charge layered onto a DUI. We frequently see the Resisting Arrest charge used as leverage in DUI plea negotiations.
CSU Campus Incidents
Colorado State University has a large and active student population. Campus parties, football games, and events on College Avenue can lead to police encounters that escalate. A student who pulls away from an officer or struggles while being handcuffed at a house party in Fort Collins may find themselves charged with Resisting Arrest in addition to Minor in Possession or Disorderly Conduct.
Domestic Disturbance / Domestic Violence Calls
Officers responding to domestic disturbance calls in Loveland or Fort Collins sometimes allege that a subject resisted when being detained or arrested. These charges are particularly serious because they often arise alongside Domestic Violence charges, triggering mandatory arrest policies and additional legal consequences.
Mental Health Crises
Unfortunately, individuals experiencing a mental health crisis are disproportionately charged with Resisting Arrest. Law enforcement throughout Larimer County has expanded crisis intervention training, but not every encounter goes smoothly. If you or a loved one was in a mental health crisis when the arrest occurred, this context is legally and strategically significant for your defense.
Frequently Asked Questions About Resisting Arrest in Fort Collins
Can I be charged with Resisting Arrest even if I wasn’t ultimately arrested?
Yes. Colorado law prohibits resisting or interfering with an officer attempting to make an arrest, even if the arrest was never completed. The charge can stand regardless of the outcome of the underlying stop or detention.
What if I was wrongly accused? The officer lied in the report.
Unfortunately, this happens. Inconsistencies between an officer’s written report and available video evidence are more common than many people realize. We carefully review all available evidence, including body camera footage, dashcam video, and witness accounts, to expose inaccuracies in the officer’s account and present your side of the story persuasively.
Will a Resisting Arrest conviction show up on a background check?
Yes. A misdemeanor conviction in Colorado will appear on standard background checks and can affect employment, housing, and professional licensing. We work hard to avoid convictions precisely because of these lasting consequences.
Can a Resisting Arrest conviction be sealed in Colorado?
Colorado has limited sealing options for adults compared to some other states. Misdemeanor convictions are generally not eligible for sealing unless the case involved a deferred judgment or deferred sentence that was successfully completed. However, a sealed record is sometimes possible. This is another strong reason to fight the charge before a conviction occurs rather than seeking to clean it up afterward.
I have a prior record. Does that make things worse?
Prior convictions can affect sentencing if you are convicted, and they may reduce your eligibility for diversion programs. However, even with a prior record, strong defenses may still be available. We have successfully defended clients with prior records against Resisting Arrest charges throughout Larimer County.
Contact a Larimer County Criminal Defense Attorney Today
If you have been charged with Resisting Arrest in Fort Collins, Loveland, Estes Park, Berthoud, Wellington, Timnath, or anywhere else in Larimer County, do not wait to get help. The sooner you have an attorney working on your case, the better your chances of protecting your record and your future. Call our office today at 970-658-0007 for a free and confidential consultation. Together, we can protect your future.