Resisting Arrest is charged in Fort Collins and Larimer County when a person uses physical force or threatens to use physical force to prevent an officer from arresting them. A Colorado Springs man was recently charged with this crime after he refused to give police officers his cell phone while at the hospital tending to his injured daughter. According to the report, the man’s daughter had been injured when the man’s fiancée was driving away and the child tried to get in the car. Police came to talk to the man and told him they believed there was evidence of a crime on his fiancée’s phone, which was in his pocket. When the man refused to hand over the phone (a great move, by the way – never give officers access to anything unless they have a warrant), they tasered him. Then, they put him in cuffs and claimed he was Resisting Arrest. Too bad they were wearing body cameras and the video showed that he remained calm and didn’t threaten anyone during the interaction. The charges were dropped and now the man is suing the county and law enforcement agency for their handling of the situation.
Larimer County Resisting Arrest Lawyer: Definition of Resisting Arrest After Being Tasered 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.
If you watch the video embedded in the article, one officer says he is going to stand behind the man, which makes him uncomfortable and the next thing you know, he is being tased and cuffed. I never heard him threaten any of the officers, nor did I see him make any physical movements or take action that would constitute resisting. I mean, twitching and yelling because you are being tased doesn’t mean you are resisting. He was 100% tased and taken down before being arrested and the officers didn’t make any statements about him being under arrest prior to that.
Sentence for Resisting Arrest in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Resisting Arrest is a class 2 misdemeanor. This level misdemeanor is punishable by 90 to 364 days in the Larimer County Jail and up to $1,000 in fines.
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 your free consultation. Together, we can protect your future.
Image by Arek Socha from Pixabay