The government doesn’t approach cases lightly when police officers claim to be assaulted. This often gives police in Fort Collins, Johnstown, and Estes Park too much freedom and power. Last fall, during the floods in Larimer County, a sheriff’s deputy found a man who was behind the flood-evacuation lines. Instantly, the deputy assumed the man had been looting the area (it was later discovered the man was riding his bike through the area to check on friends who lived behind the flood lines). The deputy questioned the man, and the exchange became heated. At one point, the deputy thought he saw the man move his hand toward a knife clipped in his belt. When the deputy grabbed the man’s shoulder, he panicked and hit the officer’s arm before running away. He escaped, but turned himself in the next day.
Mandatory Jail and Prison Time for Assault on a Police Officer
Unfortunately, if you are convicted of Assault on a Police Officer, you will face mandatory jail or prison time. Often, deals can be worked out in cases which avoid jail time in favor of longer probation, community service, or the completion of a class. But, when a person “knowingly and violently applies physical force against the person of a peace officer…engaged in the performance of his or her duties,” they will be charged with Second Degree Assault – C.R.S. 18-3-203. The term “physical force” is very vague, and often is determined by the “victim” in the case – the officer. Cases of assault on a police officer (peace officer) often occur along with charges of Resisting Arrest – C.R.S. 18-8-103.
Law in Favor of Police is Unjust
While the Loveland man was behind the flood line, he doesn’t deserve to go to jail. The police have far too much power, and often misread situations. The sheriff’s deputy assumed the man was looting evacuated homes, and approached him accordingly. All the Loveland man did was hit the officer’s arm before taking flight. Because of this, he will spend time in jail. The deputy, who misread the situation entirely and aggravated the contact, faced no consequences.
Why You Need a Lawyer if Charged with Assault on a Police Officer
The man from Loveland accepted a plea agreement and avoided going to prison. Instead of being convicted of felony assault, he pled guilty to misdemeanor assault. He will spend a total of 50 days in jail, which will be served only on the weekends. It is important to work with an experienced defense attorney if you have been charged with a felony offense. Often, we are able to work out favorable plea deals which allow you to avoid prison or jail time. Don’t stand alone in court – contact a lawyer who will fight on your behalf.