Resisting Arrest, C.R.S. 18-8-103, is charged in Fort Collins and throughout Colorado when a person uses or threatens physical force to prevent a police officer from effecting an arrest. As a police-involved crime, this offense is often charged alongside Obstructing a Peace Officer, C.R.S. 18-8-104. Such was the case with a Colorado Springs man named John Ballinger, who was charged with both crimes and Assault for inflicting bodily injury to a police officer. The officer was in the process of serving a summons to another person when Ballinger interfered, rendering minor bodily injury to the officer. The man already had several felony warrants for his arrest, and is now facing new criminal charges for his actions.
1. Colorado’s Law on Resisting Arrest, C.R.S. 18-8-103 in Fort Collins
Colorado’s law on Resisting Arrest, C.R.S. 18-8-103, is as follows in Fort Collins:
(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.
In essence, Resisting Arrest is charged for using or threatening physical force against a Fort Collins Police Officer who is effecting an arrest. You can be charged with this crime if you use or threaten force to prevent your own arrest or someone else’s.
2. Resisting Arrest vs. Obstructing a Peace Officer in Loveland and Estes Park
In Loveland and Estes Park, Resisting Arrest is closely related to Obstructing a Peace Officer, C.R.S. 18-8-104. Both offenses are police-related crimes that are charged for an attempt to interfere with a law enforcement officer from performing his or her job duties. There are, however, two primary differences between these charges:
1. Resisting Arrest is specifically charged for attempting to prevent a Loveland Police Officer from arresting you or another person. By contrast, Obstruction is charged for interfering with any other job responsibility, such as interviewing a witness at a crime scene.
2. Obstructing a Peace Officer is charged for interfering with any first responder – e.g., a police officer, firefighter, paramedic, etc. Resisting Arrest is only charged for attempting to hinder an Estes Park Police Officer from arresting another person.
3. Talk to a Top Larimer County Criminal Defense Lawyer Today
If you have been charged with Resisting Arrest, don’t panic – instead, talk to a top Larimer County criminal defense lawyer today. As a class 2 misdemeanor, Resisting Arrest is punishable by up to 120 days in the Larimer County Jail and a fine of $750. Such penalties are minor compared to other criminal offenses, but can still have lasting effects. This is especially evidenced by the fact that you will be left with a criminal record. Your record, which cannot be sealed for 2 years after completion of all sentencing requirements, will make it difficult to find a job or maintain your personal reputation.
A top criminal defense lawyer can represent you at the Larimer County Court and protect you from penalties like these wrecking your future. With an experienced attorney, your case could be resolved through a plea bargain or even total dismissal of your charges. Such outcomes are unlikely with a public defender, or a private lawyer who lacks the experience necessary to successfully fight a Resisting Arrest charge. Let us protect you and your future by representing you at the Larimer County Court and fighting on your behalf.
Have you been charged with Resisting Arrest? Be smart, and exercise your right to stay silent – never talk to law enforcement about your charges. Then get in contact with a criminal lawyer with decades of experience at the O’Malley Law Office today at 970-658-0007 to schedule a free initial consultation. 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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