Have you been charged with Resisting Arrest in Fort Collins, Loveland, or Estes Park? It’s important to understand these charges and how your case may be handled. Resisting Arrest charges can complicate an already tense situation, especially because they’re always stacked on top of other criminal charges. You have to be accused of a crime and under arrest in order to resist arrest. As experienced Colorado criminal defense attorneys, we’re here to break down what Resisting Arrest means, the potential penalties, and how a strong defense can make a difference.
Larimer County Resisting Arrest Attorney: What Is Resisting Arrest Under Colorado Law?
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.
Importantly, the charge applies even if the arrest itself turns out to be unlawful as long as the officer was acting under color of authority and didn’t use excessive force.
Examples of Resisting Arrest in Fort Collins and Estes Park
Here are some examples of actions that have gotten someone charged with Resisting Arrest in Fort Collins, Loveland, and Estes Park:
- Pulling away or running from an officer attempting to place you in custody
- Physically struggling, flailing, or kicking during an arrest
- Blocking the officer’s movements or grabbing their equipment
- Encouraging others to intervene in the arrest process
It’s easy for a heated situation to escalate quickly. What may start as a misunderstanding can result in criminal charges if law enforcement deems your actions as resistance or aggression.
Penalties for Resisting Arrest in Colorado
Resisting arrest is classified as a class 2 misdemeanor. If convicted, you may face:
- Up to 120 days in jail
- A fine of up to $750
- A permanent criminal record
When combined with charges like Assault on a Peace Officer, Obstruction of a Police Officer, or Disorderly Conduct, the consequences can become even more serious.
If you’ve been arrested or charged with Resisting Arrest, be smart, exercise your right to remain silent and contact the O’Malley Law Office for a free consultation at 970-658-0007. Together, we can protect your future.
Image by Arek Socha from Pixabay