Resisting Arrest is charged in Fort Collins and Larimer County when a person is accused of trying to stop an officer from effecting an arrest. In recent years, the nation has been overwhelmed with stories of arrests gone wrong, where the person being arrested ends up deceased due to the actions of the officers. One of the issues Colorado lawmakers saw with these arrests was the position the arrestee was being placed in – the prone position and/or prone restraint. In response to these issues, a new law was passed regarding using this position and training for officers handling arrests, specifically where Resisting Arrest is an element. Let’s take a look at this new law.
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Navigate this blog: Larimer County Defense Attorney Explains the Prone Position New Colorado Policy Regarding Handling Resisting Arrest |
Larimer County Defense Attorney Explains the Prone Position
According to the new law, located in the Colorado Revised Statutes at 18-1-707(2.7)(a) – Use of Force by Peace Officers – ‘prone position’ is defined as:
‘Prone restraint’ is defined in the same section as:
New Colorado Policy Regarding Handling Resisting Arrest
When a person is Resisting Arrest in Larimer County and across Colorado, new policies are in place to address how to handle the situation. These policies and procedures include:
- When and how to request medical aid for use of force involving a prone restraint;
- When to get medical clearance for use of force involving a prone restraint when there are injuries or complaints of injuries;
- How and when appropriate medical aid within the scope of a peace officer’s training should be rendered for any use of force involving prone restraint; and
- How and when to appropriately and safely transition any person placed in a prone position into a recovery position as soon as practicable.
Officers will be required to be trained on these procedures in order to prevent harming anyone who is Resisting Arrest.
Resisting Arrest Charges in Fort Collins
The Fort Collins, 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.
Often in these situations where an arrestee is physically fighting or trying to stop the arrest, the Fort Collins Police or Larimer County Sheriff attempt to get the person face down, on their stomach, putting pressure on different parts of the body to get the arrestee’s hands behind their body and into cuffs. This new policy is intended to make sure the arrestee is not held in that position for longer than necessary and that medical care is provided immediately if necessary.
Loveland Penalty for Resisting Arrest: More Charges Usually Apply
As a class 2 misdemeanor in Loveland and Fort Collins, the penalty for Resisting Arrest is up to 120 days in the Larimer County Jail and up to $750 in fines. It’s important to note that usually, Resisting Arrest cases involve other criminal charges. There must be probable cause for an arrest in order to resist that arrest. So, Resisting Arrest is usually a secondary charge to the underlying charges that enacted the arrest in the first place.
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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