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Resisting and Obstruction – Two Crimes Commonly Charged Together

Fort Collins Resisting Arrest Lawyer
Resisting and Obstruction – Two Crimes Commonly Charged Together

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Resisting and Obstruction are two crimes that are commonly charged together. Read more about it here.

Resisting and Obstruction are two officer related crimes that are often charge together. Basically, this is because by trying to avoid arrest (Resisting Arrest), a person is usually accused of trying to prevent an officer from performing their duties (Obstructing a Peace Officer). A drunk man was recently charged with both these crimes, among others, when he tried to break into a home that he claimed that he was buying. According to the report, the man had randomly joined a nearby party and had a few shots before being asked to leave. When he left, he went to a nearby home and tried to open the door. When told to leave, he claimed that he was buying the home. When police arrived, the man slapped an officer’s hand away and really started acting up after being put in handcuffs.

Larimer County Resisting Arrest Attorney: Definition of Resisting and Obstruction in Colorado

The Larimer County, Colorado law definition of Resisting Arrest – C.R.S. 18-8-103 – is:

A person commits resisting arrest if he knowingly prevents or attempts to prevent a peace officer, acting under color of his official authority, from effecting an arrest of the actor or another, by:

(a) Using or threatening to use physical force or violence against the peace officer or another; or

(b) Using any other means which creates a substantial risk of causing bodily injury to the peace officer or another.

By slapping the officer’s hand, it could be argued the man used physical to prevent the officer from arresting him.

The Colorado law definition of Obstructing a Peace Officer – C.R.S. 18-8-104 – is:

A person commits obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer when, by using or threatening to use violence, force, physical interference, or an obstacle, such person knowingly obstructs, impairs, or hinders the enforcement of the penal law or the preservation of the peace by a peace officer, acting under color of his or her official authority; knowingly obstructs, impairs, or hinders the prevention, control, or abatement of fire by a firefighter, acting under color of his or her official authority; knowingly obstructs, impairs, or hinders the administration of medical treatment or emergency assistance by an emergency medical service provider or rescue specialist, acting under color of his or her official authority; or knowingly obstructs, impairs, or hinders the administration of emergency care or emergency assistance by a volunteer, acting in good faith to render such care or assistance without compensation at the place of an emergency or accident.

Again, by using physical force against the officer, it could be argued that the man was hindering the officer from doing their job.

Sentence for Resisting and Obstruction in Loveland and Estes Park

In Fort Collins, Loveland, and Estes Park, Resisting and Obstruction are both class 2 misdemeanors. This level misdemeanor is punishable by 3 months to 364 days in the Larimer County Jail and up to $1,000 in fines.

If you or someone you love has been charged with Resisting Arrest and / or Obstruction of a Peace Officer, 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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