Resisting Arrest, C.R.S. 18-8-103, is charged in Larimer County, Colorado for using or threatening force, or using another means altogether, to try to prevent your own or another person’s arrest. A Greeley man was charged with Resisting Arrest, Assault in the First Degree, and felony Criminal Mischief recently when he rammed his vehicle into a sheriff’s patrol car. Police were dispatched to the scene when a homeowner called and reported that the man, for reasons unknown, was in his vehicle and trying to enter their property. When the Sheriff arrived and tried to make contact with the man, he instead rammed the patrol car with his own car. Unfortunately for him, Resisting Arrest is the least serious of his charges, and his two other felony charges could put him behind bars for several years.
Colorado’s Law on Resisting Arrest, C.R.S. 18-8-103
Colorado’s law on Resisting Arrest, C.R.S. 18-8-103, is as follows:
(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.
Can I Resist an Arrest by a Fort Collins Police Officer if the Arrest is Unlawful?
No, you cannot resist an arrest by a Fort Collins Police Officer if you believe that it is unlawful. C.R.S. 18-8-103 (2) states that:
In other words, the only time you can resist is if the Officer is using excessive force and you need to defend yourself. Otherwise, you cannot resist an unlawful arrest. The place to fight an unlawful arrest is the courtroom, not by using physical force against the Officer.
Larimer County Jail Time + Other Penalties for Resisting Arrest
Resisting Arrest is a class 2 misdemeanor, punishable by up to 120 days of Larimer County Jail time and a maximum fine of $750. If you have been charged with this offense, it is critical that you contact a top Fort Collins criminal defense lawyer to represent you as soon as possible. Our top priority is to protect your future, and we can accomplish this by helping you secure a sentencing alternative that will help you avoid jail time. Better yet, depending on your case, we may even be able to help you have the charges dismissed. Don’t wait – give us a call today to discuss your case.
Have you been charged with Resisting Arrest? Remember to always smart, and exercise your right to stay silent. Do not discuss your case with the Fort Collins Police or Larimer County Sheriff. Then get in contact with a top criminal lawyer with over 30 years of experience from the O’Malley Law Office today by calling 970-658-0007 to discuss your charges. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
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