A University of Northern Colorado student was recently on trial after being arrested for Second Degree Assault on a Police Officer, Resisting Arrest, and Disorderly Conduct. According to the news report, the student was fighting with a man in an alley and when the officer went to arrest her, the student elbowed him in the stomach. She was detained, but only after her arm was broken in three places. After her three-day trial, the jury came back with multiple conclusions: guilty of Resisting Arrest, not guilty of Disorderly Conduct, and a hung jury on the 2nd Degree Assault charge. Instead of taking her case to trial again, her attorney and the Weld County DA came to a plea agreement and she pled guilty to the Assault charge with a two-year deferred sentence.
Weld County Resisting Arrest Lawyer: What is the Definition of Resisting Arrest?
The Colorado law definition of Resisting Arrest in Weld, Morgan, and Logan County – 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.
Based on the definition, the student was charged because she used physical force against the officer when he was trying to arrest her. The student claimed that she did not hear the officer identify himself before he put his hands on her. It is absolutely believable, since she was in the midst of a fight with another man and probably not focused on what was happening around her. This might be why the jury could not come to a unanimous decision on the Assault charge.
What is the Sentence for Resisting Arrest in Greeley, Colorado?
As a class 2 misdemeanor in Greeley, Erie, and Johnstown, Resisting Arrest is punishable by 3 to 12 months in the Weld County Jail and up to $1,000 in fines. Because the jury found her guilty on this charge, she will be facing open sentencing, where the judge can sentence her to as much or as little time under this range, or to probation.
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 970-616-6009 today. Together, we can protect your future.
Image Source: Pixabay-BrookLorin