Being arrested is a stressful and emotional experience — and in the heat of the moment, some people react instinctively. Unfortunately, even minor resistance during an arrest can result in a separate and serious charge: Resisting Arrest.
In Fort Collins, Colorado, this charge is more than just a “bad attitude” or a misunderstanding — it’s a criminal offense that can lead to jail time, fines, and a permanent criminal record. If you’ve been charged with Resisting Arrest, it’s essential to understand your rights and get a skilled criminal defense attorney on your side.
Loveland Resisting Arrest Lawyer: What Is Resisting Arrest Under Colorado Law?
Under C.R.S. § 18-8-103, a person commits Resisting Arrest if they knowingly prevent or attempt to prevent a peace officer from effecting an arrest of the actor or another person by:
- Using or threatening to use physical force or violence against the officer or another, or
- Using any other means that create a substantial risk of causing bodily injury to the officer or another
In short, if you push, pull away, struggle, or otherwise interfere physically with an officer trying to make an arrest, even if you believe the arrest is unfair, you can be charged.
Common Examples of Resisting Arrest in Estes Park
- Pulling your arms away or tensing your body during handcuffing
- Attempting to flee after an officer initiates arrest
- Physically fighting or wrestling with an officer
- Intervening while someone else is being arrested
- Shouting threats or swinging your arms while being restrained
Even non-violent resistance may be interpreted by law enforcement as a violation of the statute, especially if it delays or complicates the arrest process.
Penalties for Resisting Arrest in Larimer County, Colorado
Resisting Arrest is classified as a Class 2 misdemeanor, which carries the following possible penalties:
- Up to 120 days in jail
- A fine of up to $750
- Probation or community service
- A permanent criminal record
Additionally, Resisting Arrest is almost always charged in combination with other offenses such as Disorderly Conduct, Obstruction, or Assault on a Peace Officer, which can significantly increase your legal exposure.
Larimer County Resisting Arrest Attorney: What If the Arrest Was Illegal?
Even if the arrest turns out to be unlawful, you can still be charged with Resisting Arrest.
According to Colorado law, you are not legally allowed to resist, even if you believe the officer is making a mistake. You must contest the legality of the arrest in court, not on the street.
That said, the circumstances surrounding the arrest may provide strong defense arguments, especially if:
- Excessive force was used
- You were unaware the person was a police officer
- There was no intent to interfere
- You were defending yourself against unreasonable harm
How We Defend Resisting Arrest Charges in Larimer County
At O’Malley Law Office, we analyze every detail of your case to build a strong defense. That includes:
- Reviewing bodycam and dashcam footage
- Interviewing witnesses
- Challenging the officer’s account of events
- Arguing lack of intent or self-defense
- Identifying violations of your constitutional rights
We may also work to negotiate a plea to a lesser charge or seek a dismissal based on insufficient evidence or procedural errors.
If you or someone you love has been charged with Resisting Arrest, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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