A preliminary hearing in Colorado is a limited court proceeding available in certain felony cases. The judge does not decide whether the accused is guilty. Instead, the prosecution must show probable cause to believe that the charged offense occurred and that the accused committed it. Although that is a much lower standard than proof beyond a reasonable doubt, the hearing can give a Denver criminal defense lawyer an early opportunity
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.
