Resisting Arrest is charged in Greeley and Weld County when a person is accused of doing anything to try and stop an officer from arresting them. This can be as simple as pulling your arm out of the officer’s grip to pushing the officer away once they state that they are going to arrest you. Resisting Arrest is almost always a secondary charge. This means, you have to be charged with something else in order to be arrested in the first place and then the Resisting Arrest is tacked on if the arrest doesn’t go well. But, there are very rare occasions where a person can be charged with just Resisting Arrest. Let’s take a look at the statute to see how that can play out.
Weld County Resisting Arrest Attorney: Colorado Law Definition of Resisting Arrest
The Weld 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.
The elements that are required to charge this crime are:
A person does or tries to stop an officer from effecting an arrest on themselves or another by:
- Using or threatening to use physical force or violence against the officer; or
- Acting in a way that creates a risk of injury to the officer or anyone.
Based on the language of the statute, the person charged does not have to be the one being arrested. For example, let’s say a husband and wife are talking to officers about an incident that happened in a bar. The husband was accused of pushing a bouncer after being asked to leave. When police decide they are going to arrest the husband, the wife grabs the officer’s arm to try and stop him. Both the husband and wife end up arrested – the husband for Harassment – strike, shove, kick, and the wife for Resisting Arrest.
What is the Penalty for Resisting Arrest in Severance and Windsor?
Resisting arrest is a class 2 misdemeanor offense in Severance and Windsor. This level misdemeanor is a punishable by up to 120 days in the Weld County Jail, plus fines and fees.
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 to schedule a free initial consultation. Together, we can protect your future.
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