Obstructing a Peace Officer and Resisting Arrest are very similar crimes in Loveland and Fort Collins. In fact, they are VERY commonly charged together. Why is that? Well, it’s because they are basically the same crime. Yes, you can be charged with Obstructing a Police Officer without Resisting Arrest, or vice versa, but generally, when anything physical happens between an officer and the accused, both charges are likely to follow. Let’s take a closer look at these two similar criminal charges.
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Navigate this blog: What is Obstructing a Peace Officer in Larimer County? How is Resisting Arrest Charged in Fort Collins and Loveland? |
What is Obstructing a Peace Officer in Larimer County?
The Larimer County, Colorado law definition of Obstructing a Peace Officer – C.R.S. 18-8-104 – is:
(b) To assure that animals used in law enforcement or fire prevention activities are protected from harm, a person commits obstructing a peace officer or firefighter when, by using or threatening to use violence, force, physical interference, or an obstacle, he or she knowingly obstructs, impairs, or hinders any such animal.
Basically, one way Obstruction of a Police Officer is charged is when you threaten or use physical force to stop an officer from doing their job. If their job at that moment is arresting you, then you are going to be charged with Resisting Arrest as well. As a class 2 misdemeanor, Obstructing a Police Officer is punishable by up to 120 days in the Larimer County Jail and up to $750.
How is Resisting Arrest Charged in Fort Collins and Loveland?
In Fort Collins and Loveland, Colorado, Resisting Arrest – C.R.S. 18-8-103 – is defined as:
(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.
Again, threatening or using physical force is the key to getting charged with this crime. It just ONLY applies when the officer is attempting to arrest you. Also, a class 2 misdemeanor, Resisting Arrest is punishable by up to 120 days in the Larimer County Jail and up to $750.
If you or someone you love has been charged with Obstructing a Peace Officer or 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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