Resisting Arrest is charged in Loveland and Fort Collins when a person is accused of not submitting to an arrest when an officer is attempting to effect one. The thing about Resisting Arrest is, it is always a secondary crime. Which makes sense, right? You have to be accused of a crime in order to be arrested. Then you would have to resist that arrest in order to get charged with Resisting Arrest. Often, Obstructing a Peace Officer is easy to pair with Resisting Arrest. First, you refuse to cooperate with an investigation, and then you refuse to submit to an arrest – Boom! Double Whammy!
Larimer County Resisting Arrest Attorney: How is Resisting Arrest Charged in Colorado?
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.
(2) It is no defense to a prosecution under this section that the peace officer was attempting to make an arrest which in fact was unlawful, if he was acting under color of his official authority, and in attempting to make the arrest he was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A peace officer acts ”under color of his official authority“ when, in the regular course of assigned duties, he is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made by him.
Often we see the smallest act, like jerking a shoulder or pulling an arm out of the officer’s grip get charged as Resisting Arrest.
Penalty for Resisting Arrest in Fort Collins and Estes Park
Resisting Arrest is a class 2 misdemeanor in Fort Collins, Loveland and Estes Park. This level misdemeanor is punishable by up to 120 days in the Larimer County Jail along with fees and fines. And remember, this is the potential penalty for just this crime. There is almost always another crime to deal with when facing Resisting Arrest Charges in Larimer County.
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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