If you’ve been arrested in Larimer County and charged with Resisting Arrest (CRS § 18-8-103), you’ll likely notice that it rarely stands alone. In most cases from Fort Collins, Loveland, Estes Park, and surrounding communities, Resisting Arrest is added as a secondary charge—often during a stressful or confusing encounter with police.
As Larimer County criminal defense attorneys, we frequently see Resisting Arrest filed in situations where emotions run high, communication breaks down, or where officers interpret normal, instinctive movements as “resistance.”
Understanding Resisting Arrest Under Colorado Law: A Fort Collins Resisting Arrest Attorney Explains
Colorado law makes it a crime to:
- Use or threaten physical force against an officer, or
- Use “any means that creates a substantial risk of bodily injury” to prevent or resist arrest.
It is generally a class 2 misdemeanor, but the consequences can increase if weapons or higher-risk behavior are alleged.
One important point: the arrest does not have to be lawful. Even if the underlying allegation is weak or eventually dismissed, Resisting Arrest can still be charged.
Why Resisting Arrest Is Usually a Secondary Charge in Larimer County
It Commonly Accompanies Other Charges
In Larimer County, Resisting Arrest is almost always paired with another alleged offense such as:
- Disorderly Conduct (common in Old Town Fort Collins or downtown Loveland)
- DUI or DWAI (frequent on College Avenue, Harmony Road, I-25, and Highway 34)
- Domestic Violence related charges
- Trespassing (often from CSU, local parks, or apartment complexes)
- Theft or shoplifting (Foothills Mall, Walmart, Centerra, etc.)
When an officer decides to arrest someone, even mild hesitation or confusion can lead to the Resisting Arrest add-on.
It’s Often Used After an Escalated Encounter
Larimer County law enforcement agencies, including Fort Collins Police Services, Loveland Police Department, Estes Park Police, CSU Police, and Larimer County Sheriff’s Office, sometimes add Resisting Arrest charges during tense or chaotic situations.
Resisting may be alleged when someone:
- Pulls their arm away
- Tenses up during handcuffing
- Turns their body while being grabbed
- Stumbles or loses balance
- Asks questions or tries to understand what’s happening
Body camera footage frequently shows that what officers call “resistance” is often just a startled or defensive reaction.
It Can Justify Force Used During the Arrest
When an officer uses force, such as taking someone to the ground, using joint locks, or deploying a Taser, they may file Resisting Arrest to justify the level of force.
This is especially common in:
- Bar areas in Old Town Fort Collins,
- Traffic stops on rural county roads, and
- Domestic disturbance calls in neighborhoods across Windsor, Berthoud, Timnath, Livermore, and other communities.
In these cases, the Resisting Arrest charge becomes the explanation for how the situation escalated.
It Helps Strengthen Weak Underlying Cases
If the original charge is questionable, for example:
- Conflicting witness statements
- Lack of clear physical evidence
- Unreliable reporting
- Overcharging during a heated call
prosecutors may lean on Resisting Arrest as a fallback charge. Even when the primary allegation falls apart, the Resisting charge is used to maintain a case.
What You Should Know About Resisting Arrest Charges in Larimer County
- Resisting Arrest is rarely the main reason someone is arrested.
- It’s frequently added based on subjective officer perceptions.
- Many cases stem from fear, confusion, or split-second reactions, not aggression.
- An experienced Loveland criminal defense lawyer can often reduce or eliminate the charge.
If you or a loved one has been charged with Resisting Arrest in Larimer County, 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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