Resisting Arrest is charged in Fort Collins and Larimer County when a person is accused of trying to keep officers from arresting them. In Colorado, you can only be charged with Resisting Arrest if Fort Collins Police or Larimer County Sheriff have probable cause to arrest you FOR A DIFFERENT CRIME. You can’t solely be charged with Resisting Arrest, because they have to have a reason to arrest you before you can resist the arrest. For one man, though, things went down differently. According to the report, a man was leaving the courthouse, as he was not needed for jury duty. An officer stopped him and asked him what was in his back pocket. He told them it was a ‘navigational aid.’ The officer demanded his name and date of birth, which he refused to give. The man showed the officers that the thing in his back pocket was a cane, which he used because he was legally blind. The man felt that since the suspicion about what was in his pocket had been handled, then he should be free to go, but instead he was arrested for Resisting Arrest for not showing his ID when told to. If this had occurred in Loveland or Estes Park and the officer really wanted to show how powerful he or she is in this case, they would likely charge Obstructing a Peace Officer and then if there was an altercation or push back, they could add Resisting Arrest.
Larimer County Resisting Arrest Attorney: Definition of Resisting Arrest of Blind Man in Colorado
The Larimer County, Colorado law definition 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.
A person must threaten or actually do some sort of physical action against a law enforcement officer in order to be charged with this crime. It can even be as simple as yanking your arm away or sharply turning away from a police officer. We have seen this charged for even the slightest physical movement, simply because the cops are mad that our client didn’t do exactly what they wanted.
Sentence for Resisting Arrest in Loveland and Estes Park: What is the punishment for Resisting Arrest?
In Fort Collins, Loveland, and Estes Park, Resisting Arrest is a class 2 misdemeanor. This level misdemeanor is punishable by up to 120 days in the Larimer County Jail and up to $750 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 a free consultation. We also defend those charged in Greeley and Weld County – CLICK HERE TO VISIT OUR GREELEY SITE. Together, we can protect your future.
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