Resisting Arrest charges are common in Fort Collins and Larimer County. This is because the definitions in the law are vague, which leaves a lot of room for unlawful arrests. Undeserving people are often charged with Resisting Arrest. Let’s look closer at the statute to determine how a person could be accused of this criminal offense.
Resisting Arrest – C.R.S. 18-8-103
A person will face Resisting Arrest charges if they:
(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.
Vague Terms and Definitions Make for Sloppy Laws
This law seems fairly straightforward. But, it assumes the police are always correct in their decision to arrest someone, and that the police officer uses the correct amount of force. The statute goes on to provide a possible defense to Resisting Arrest charges, such as when an officer is not making a lawful arrest, or when an officer uses an excessive amount of force. The problem is that police officers get away with a lot, because they are peace officers. They work daily with the judge and District Attorney, who are biased towards law enforcement. When it comes down to your word against a Fort Collins, Loveland, or Estes Park police officer, you will have a difficult time getting justice. Witnesses are usually necessary.
Why You Need an Experienced Police Officer for Resisting Arrest Charges
If you have been charged with Resisting Arrest, you need to contact an experienced defense attorney immediately. I advise this because it will be your word against a police officer’s in court. When a police or sheriff’s deputy is the “victim” in your case, you need to work with a lawyer who knows how to defend you to get the best possible outcome in your case.
If you or a loved one is facing Resisting Arrest charges in Fort Collins, Berthoud, or Johnstown, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 970-658-0007. Together, we can protect your future.
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