Loveland Resisting Arrest Lawyer: What Is Resisting Arrest in Colorado?
Under C.R.S. 18-8-103, Resisting Arrest occurs when a person knowingly prevents or attempts to prevent a peace officer from effecting an arrest, using or threatening to use physical force or violence, or using any other means that creates a substantial risk of causing bodily injury to the officer or another person. The charge applies to the officer’s attempt to arrest you, whether or not the arrest itself ends up being valid or leads to other charges.
Is Resisting Arrest a Felony or Misdemeanor in Estes Park?
Resisting Arrest is generally charged as a class 2 misdemeanor. It is often filed alongside other counts, such as Obstructing a Peace Officer, Assault on a Peace Officer, or the offense that prompted the arrest. Those added charges can significantly raise the stakes. Related offenses, like Assault on a Peace Officer, can be charged as felonies.
What Are the Penalties for Resisting Arrest?
A class 2 misdemeanor in Colorado carries potential penalties that include:
- Jail: up to 120 days
- Fines: up to $750
- Probation: supervised or unsupervised, with conditions
- Criminal record: a conviction can appear on background checks
Because Resisting Arrest often accompanies other charges, the total exposure in a case can be much higher than the penalties for this offense alone.
How Are Resisting Arrest Cases Handled in Fort Collins?
Cases arising in Loveland, Fort Collins and Estes Park are prosecuted by the Larimer County District Attorney’s Office, with proceedings at the Larimer County Justice Center. These charges often stem from fast-moving encounters with Fort Collins Police Services, Loveland Police Department, Colorado State University police, or the Larimer County Sheriff’s Office, and body camera footage frequently becomes central evidence.
Frequently Asked Questions About Resisting Arrest
Is Resisting Arrest the same as Obstructing a Peace Officer?
No. They are separate offenses under Colorado law, though they are often charged together.
Can I be charged with Resisting Arrest if I was never convicted of the original crime?
Yes. Resisting Arrest is a separate charge from the offense that led to the arrest.
Does Resisting Arrest require physical violence?
Not always. Conduct that creates a substantial risk of bodily injury can be enough.
Should I talk to police before hiring an attorney?
No. You have the right to remain silent and the right to counsel.
If you’ve 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 consultation. Together, we can protect your future.
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