If you or a loved one is facing a Resisting Arrest charge in Larimer County, it’s natural to have questions about how the process works. Below are answers to some of the most common questions we hear from clients in Fort Collins, Loveland, and the surrounding area.
What is Resisting Arrest under Colorado law? Loveland Resisting Arrest Attorney
Resisting Arrest is defined under C.R.S. § 18-8-103. In general terms, it involves knowingly preventing or attempting to prevent a peace officer from making an arrest by using or threatening physical force or violence, or by using any other means that creates a substantial risk of bodily injury.
Lawyer for Resisting Arrest Charges: Is Resisting Arrest a Misdemeanor or a Felony in Colorado?
Resisting Arrest is typically charged as a class 2 misdemeanor. However, if the resistance involves a deadly weapon or conduct that creates a significant risk of serious injury, prosecutors may pursue enhanced charges.
Can I Be Charged with Resisting Arrest Even if the Underlying Arrest was Unlawful?
This is one of the most misunderstood aspects of the statute. Colorado law does not require the arrest itself to be lawful for a Resisting charge to apply in every circumstance, which is why these cases can become legally complicated.
Where Are Resisting Arrest Cases Handled in Larimer County?
Most misdemeanor Resisting Arrest cases originating in Fort Collins, Loveland, Wellington, and Timnath are filed in Larimer County Court, located in downtown Fort Collins. More serious cases may proceed through the Eighth Judicial District Court.
Will an Estes Park Resisting Arrest Charge Show Up on a Background Check?
Yes. Unless the case is dismissed, deferred, or later sealed, a conviction becomes part of your public criminal record and can appear on background checks used by employers, landlords, and licensing boards.
What Penalties Can I Face for a Resisting Arrest Conviction?
A class 2 misdemeanor conviction in Colorado can carry up to 120 days in jail and fines up to $750, though actual sentencing varies based on the judge, the facts of the case, and the person’s criminal history.
What Should I Do if I’ve Been Charged with Resisting Arrest in Fort Collins?
Every case has its own facts and procedural history. If you’re facing a Resisting Arrest charge in Larimer County, it’s worth speaking with a local attorney who understands how these cases are typically handled in Fort Collins courts.
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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