Some people never learn, fighting back tends to make things worse. That is definitely the case for one Fort Collins man. He was pulled over by a Larimer County Sheriff Deputy and during the stop, his car was searched. Apparently, there was illegal narcotics in his possession. That’s when things went wrong. When the deputy attempted to arrest the man, he pulled away and ran. The deputy chased him and was able to apprehend him, but not before the man punched the deputy in the face. The man continued to resist the arrest, but was eventually handcuffed. Now, instead of just facing the drug charges, he is looking at 2nd Degree Assault of a Police Officer and Resisting Arrest charges as well.
Larimer County Second Degree Assault Lawyer: What is the Definition?
The Colorado law definition of Assault in the Second Degree – C.R.S. 18-3-203 – is:
(b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or
(c) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person; or
(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon; or
(e) For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him, without his consent, a drug, substance, or preparation capable of producing the intended harm.
(g) With intent to cause bodily injury to another person, he causes serious bodily injury to that person or another.
Bodily injury is any physical, emotional, or mental pain in Larimer, Boulder, and Grand County. A punch to the face would definitely meet that statute requirement. We have seen cases, though, where an unsteady person tried to use a police officer to steady himself and was charged with 2nd Degree Assault. Anytime a police officer claims an injury or even a touch, this crime is easily charged.
[pullquote align=”center” textalign=”center” width=”95%”]Have you been charged with Second Degree Assault or Resisting Arrest? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]
Fort Collins Resisting Arrest Lawyer: What is the Definition?
The 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.
By using physical force against the officer while he was in the process of being arrested, the man from the story above met the requirements of this statute. In Fort Collins, Loveland, and Estes Park, a simple movement can be seen as threatening and get a person charged with Resisting Arrest.