Resisting arrest and obstructing a peace officer are two of the most common charges tacked on top of another arrest in Colorado — and they’re also charges people frequently misunderstand, since neither one requires that you actually “win” a fight with police. Below is a plain-language breakdown of what the state has to prove and what’s really at stake.
What is resisting arrest under Colorado law?
Under CRS § 18-8-103, resisting arrest means knowingly preventing or trying to prevent a peace officer from making an arrest by using or threatening physical force or violence (COLJI-Crim 8-1:02), or by using any other means that creates a substantial risk of bodily injury to the officer or someone else (COLJI-Crim 8-1:03). Timing matters for passive resistance: the Colorado Supreme Court has held that once police have handcuffed someone, the arrest is already effected, so going limp at that point can’t support a resisting-arrest charge, though it could potentially support a separate charge like assault or escape (Thomas v. People, 2021 CO 84, ¶ 17, 500 P.3d 1095).
What is obstructing a peace officer in Colorado?
CRS § 18-8-104 covers obstructing a peace officer, firefighter, EMS provider, rescue specialist, or volunteer (COLJI-Crim 8-1:05). It applies when someone uses or threatens violence, force, physical interference, or an obstacle to knowingly obstruct, impair, or hinder an officer who is enforcing the law or keeping the peace while acting under their official authority. By statute, a person can’t be charged with obstruction just for remaining silent or verbally opposing an officer’s order (CRS § 18-8-104(1.5)), though the Colorado Supreme Court has held that a combination of statements and acts, including threats of physical interference, can add up to obstruction even where words alone would not (Dempsey v. People, 117 P.3d 800, 811 (Colo. 2005)); the Tenth Circuit has likewise held that simply refusing to speak to an officer, without more, isn’t obstruction (Kaufman v. Higgs, 697 F.3d 1297, 1302 (10th Cir. 2012)). This charge is often filed alongside resisting arrest but can also stand alone, such as when someone physically blocks an officer from reaching another person — and Colorado courts have held that prosecutors don’t have to prove which specific officer was resisted or obstructed, only that the defendant resisted or obstructed some officer (People v. Snider, 2021 COA 19, ¶¶ 39, 51–52, 491 P.3d 423, 433–35).
What are the penalties for resisting arrest or obstruction in Colorado?
Both resisting arrest and obstructing a peace officer are typically charged as class 2 misdemeanors, carrying up to 120 days in county jail, up to a $750 fine, or both. Courts frequently impose probation with no jail time for a first offense, but that is never guaranteed, and the calculus changes if the charge is paired with a separate felony or if someone was injured during the incident.
Is it a defense that the underlying arrest was unlawful?
Generally, no. Colorado’s jury instructions confirm that it is not a defense to resisting arrest that the officer’s underlying arrest was actually unlawful, as long as the officer was acting under color of official authority and did not use unreasonable or excessive force (CRS § 18-8-103(2); COLJI-Crim 8-1:04.SP; People v. Fuller, 781 P.2d 647, 650 (Colo. 1989)). But that exception cuts the other way too — if police used unreasonable or excessive force in making the arrest, self-defense remains available even against an otherwise lawful arrest. This surprises a lot of people, which is exactly why these charges deserve a real defense rather than an assumption that “the arrest was bogus so the charge won’t stick.”
What should I do if I’m charged with resisting arrest or obstruction in Denver?
Don’t try to explain your side of the story to the arresting officer or in a follow-up interview — get a criminal defense attorney involved first. Body camera footage, witness statements, and the officer’s own report are often the deciding factors in these cases, and an early review can reveal weaknesses the prosecution doesn’t want you to notice. At Mile High Legal, we defend clients against resisting arrest and obstruction charges throughout the Denver metro area and across Colorado. No past result guarantees any particular outcome in a new case; every case is evaluated on its own facts.
