In Fort Collins and Larimer County, Resisting Arrest is charged when a person is accused of using physical force to stop an officer from arresting them or another person. A man was recently charged with this crime, along with Second Degree Assault on a Peace Officer, DUI, and a license plate violation, only to have all the serious charges dropped. According to the report, the veteran was living in his car and doing DoorDash to make money. He was pulled over by police while giving a friend a ride and the officers decided to investigate for DUI, as they claimed to smell marijuana. The officers claimed a knife was in the cup holder of the car and the interaction somehow became two officers kicking and punching the man repeatedly while he was still in his vehicle. His attorney argued that resisting assault is not Resisting Arrest and I couldn’t agree more. There’s no way that the man’s natural reaction wouldn’t be to protect his face as he was getting pummeled – not put his hands behind his back. Seems like the DA agreed as the charges were dismissed and the veteran has filed a lawsuit against the officers for their excessive use of force.
Larimer County Resisting Arrest Attorney: Definition of Resisting Arrest in Colorado
The Larimer County, Colorado law definition of Resisting Arrest – C.R.S. 18-8-103 – is:
(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.
We have seen many cases where the slightest movement is considered ‘resisting.’ Not all, but some officers are looking for any reason to add a Resisting Arrest charge. It’s very common for people to ask questions and panic when they are told they are going to be arrested. Some officers expect a robotic, ‘sir, yes, sir’ mentality where the person immediately turns around and does everything asked of them without question.
Resisting Assault or Resisting Arrest in Loveland and Estes Park: Sentence for Resisting Arrest
Resisting Arrest is a class 2 misdemeanor in Fort Collins, Loveland and Estes Park. This level misdemeanor is punishable by up to 120 days in the Larimer County Jail and up to $750 in fines. When it comes to resisting arrest cases, there is always another charge you will be facing as well. I mean, you have to have been accused of something first in order to be arrested to then resist that arrest, right?
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. We also practice in Greeley and Weld County. Click HERE to visit our Weld County website. Together, we can protect your future.
Photo by lil artsy