Larimer County Resisting Arrest Attorney
Blame Cop’s Actions to Excuse Yours

A man tried to blame a police officer for his Resisting Arrest charge, but was still found guilty. Read more here.

Resisting Arrest is charged in Fort Collins and Larimer County when a person is accused of physically trying to prevent an officer from arresting them. A man was recently found guilty of this crime at trial, along with Obstructing a Police Officer and Disorderly Conduct after a bad interaction with staff and police at a Colorado restaurant. According to the report, the man was intoxicated and had an altercation with a bartender in a local restaurant. Police were called and things seemed to escalate when he refused to leave. It seems his defense was that the cop should have handled things better. Now, we have all seen the body cam footage where police officers are acting ridiculously and do create bigger issues than necessary. However, it seems in this case, the man was refusing to leave after being ordered to vacate the premises by both the restaurant staff and then the officers. When officer put a hand on the man to lead him out, he became aggressive leading to additional charges of Resisting Arrest and Obstructing a Peace Officer. The man didn’t deny that he was combative while they were attempting to arrest him, he simply thought a good defense would be to blame the cop and say that the officer should have used his words to deescalate the situation. The jury didn’t buy it, though, and the man was found guilty of all counts.

Blame Cop Resisting Arrest Defense Lawyer in Fort Collins: Definition of Resisting Arrest in Colorado

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

(1) 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.

Based on his own admissions, the man was combative with the officers. By definition, that means he was Resisting Arrest.

Sentence for Resisting Arrest in Loveland and Estes Park

In Fort Collins, Loveland, and Estes Park, Resisting Arrest is a class 2 misdemeanor. This level misdemeanor is punishable by up to 120 days in the Larimer County Jail and up to $750 in fines. The other issue with Resisting Arrest cases is that Resisting Arrest is never the only charge. You have to have been accused of another crime for which you can be arrested before you can resist that arrest. So, Resisting Arrest cases always involve multiple criminal charges in Colorado.


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 GREELEY SITE. Together, we can protect your future.

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