Charged With Resisting Arrest or Assault on an Officer in Colorado?
If you’ve been arrested—or are worried you might be—you may hear multiple charges thrown around at once: resisting arrest, use of force, or even assault on a peace officer. Although these terms are often used interchangeably in everyday conversation, Colorado law treats them very differently, with drastically different penalties.
Understanding how these charges work—and how they’re commonly misapplied—can make a critical difference in your case.
What Is Resisting Arrest in Colorado?
Under Colorado law, resisting arrest occurs when someone knowingly prevents or attempts to prevent a peace officer from making a lawful arrest.
This does not require striking an officer.
Common examples prosecutors rely on:
- Pulling away while being handcuffed
- Tensing arms or refusing to place hands behind your back
- Bracing your body to avoid being moved
- Running from an officer during an attempted arrest
Importantly, verbal objection alone is not resisting arrest. You have the right to question an arrest or assert your rights—as long as you do not physically interfere.
Resisting arrest is typically charged as a misdemeanor, but it often acts as a “gateway charge” that leads to more serious allegations.
What Does “Use of Force” Mean?
Colorado law allows officers to use reasonable force to make an arrest—but that term is frequently stretched.
“Use of force” cases usually arise when:
- Officers escalate physical control tactics
- Tasers, batons, or chemical agents are deployed
- Force is used after a suspect is already restrained
While civilians rarely face a standalone “use of force” charge, allegations of force are often used to justify additional criminal charges against the accused—particularly when an officer claims injury.
This is where cases often become fact-intensive and body-camera dependent.
Assault on a Peace Officer: A Serious Felony
Assaulting a peace officer is one of the most aggressively prosecuted charges in Colorado.
Unlike resisting arrest, this charge requires:
- Intentional or knowing conduct
- Physical contact or injury
- A protected victim (law enforcement)
Even minimal contact—such as a kick during a struggle—can result in a felony assault charge if prosecutors argue the officer was injured or endangered.
Potential penalties include:
- Mandatory jail or prison time
- Felony conviction
- Loss of firearm rights
- Long-term consequences for employment and licensing
Because officers are classified as protected persons, assault charges involving police are punished far more harshly than similar conduct involving civilians.
Why These Charges Are Often Overcharged
In many cases, multiple charges are filed from a single encounter, even when:
- The arrest itself may have been unlawful
- The officer initiated physical contact
- The accused reacted instinctively rather than intentionally
Prosecutors often stack charges to increase leverage—especially when an officer claims injury. However, video evidence, medical records, and officer reports frequently tell different stories.
Can You Defend Against These Charges?
Yes. Strong defenses may include:
- Unlawful or invalid arrest
- Excessive police force
- Lack of intent
- Officer credibility issues
- Body-camera contradictions
- Medical evidence disproving claimed injuries
At Pav Law, we routinely analyze every second of available footage and scrutinize whether the officer’s actions complied with Colorado law and departmental policy.
Why Early Legal Help Matters
Charges involving police interactions escalate quickly—and statements made early on are often used later to justify enhanced charges.
If you’re facing allegations of resisting arrest, use of force, or assault on a peace officer, you need a defense attorney who understands how these cases are built—and how they fall apart.
Talk to a Colorado Criminal Defense Attorney Today
At Pav Law, we defend clients throughout Colorado who are facing serious criminal charges involving law enforcement encounters. We know how these cases are charged, how they’re defended, and how to push back when the system overreaches.
👉 If you’ve been charged—or believe charges may be coming—contact Pav Law at (719) 888-7888 today for a confidential consultation.
Sources & Legal References
- Colorado Revised Statutes § 18-8-103 — Resisting Arrest
- Colorado Revised Statutes § 18-3-203 — Assault in the Second Degree
- Colorado Revised Statutes § 18-1-707 — Use of Physical Force in Law Enforcement
- Colorado Jury Instructions (Criminal) — Assault & Resisting Arrest
