Colorado prosecutors sometimes file charges that exceed what the evidence supports, using inflated allegations as leverage to pressure guilty pleas. Overcharging occurs across case types, from assault and domestic violence to drug offenses and DUI. When Colorado prosecutors overcharge, fighting excessive criminal allegations requires a defense team that can identify the tactic and push back effectively. The Law Office of Kimberly Diego defends clients across the Denver metro area against
Resisting arrest is a class 2 misdemeanor. Resisting arrest occurs when a person prevents or tries to prevent a peace officer, acting under color of his official authority, from arresting either that person or some other person, by using or threatening to use physical force, or using any other means which create a substantial risk of causing bodily injury.
Even if the officer is making an unlawful arrest, that does not serve as a defense to a charge of resisting arrest – unless the officer was either not acting under color of his official authority, or was resorting to unreasonable or excessive force.
If you have been charged with resisting arrest, do not hesitate to contact Denver criminal defense attorney Kimberly Diego for a free consultation regarding your charges.
