Resisting Arrest is charged in Fort Collins and Larimer County when a person tries to keep an officer from arresting him or her using threats, physical force or violence against the officer. Resisting Arrest is ALWAYS an additional charge. This is because the Fort Collins Police or Larimer County Sheriff have to have a reason to arrest you before you can resist said arrest. The underlying crime can be anything ranging from a traffic offense to a serious violent crime. No matter what the circumstances are surrounding the law enforcement agency’s reason for arresting you, things only become more complicated when the person fights against the arrest.
Fort Collins Resisting Arrest Attorney: Definition of Resisting Arrest in Colorado
The Fort Collins and Larimer County, 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.
Physical force can range from threatening to push the officer away to punching the cop (which would likely add the much more serious charge of Second Degree Assault on a Peace Officer). Remember, bodily injury simply means pain, so any little physical action could be argued to run the risk of causing bodily injury to the officer.
Sentence for Resisting Arrest in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Resisting Arrest is a class 2 misdemeanor. This level misdemeanor is punishable by 90 to 364 days in the Larimer County Jail and up to $1,000 in fines.
If you or someone you love has been charged with Resisting Arrest while being arrested for another incident, 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 your free initial consultation or set up a visit to the Larimer County Jail. Together, we can protect your future.
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