Greeley Resisting Arrest Lawyer | Underlying Crime Dismissed

Resisting Arrest is always a secondary crime charged in Greeley and Weld County. We consider it secondary because there must be an underlying or original crime for which you were being arrested for in order for you to resist that arrest. Sometimes, when the person being charged is resisting the arrest, it’s because they truly feel that they are being arrested unfairly – and that can be true. We have dealt with many cases where the underlying crime is dismissed because it the DA agrees the case isn’t provable. Seems like the whole case should just go away then, right? Nope – the Resisting Arrest charge will still be in play.

Attorney for Resisting Arrest Charges in Weld County: Colorado Definition of Resisting Arrest

The Weld County, Colorado law definition of Resisting Arrest – C.R.S. 18-8-103 – is:

(1) A person commits resisting arrest if he knowingly prevents or attempts to prevent a peace officer, acting under color of his official authority, from effecting an arrest of the actor or another, by:

(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 ‘physical force’ could simply be throwing a shoulder or pulling away from the officer as he or she attempts to put you in handcuffs. It could even be considered Resisting Arrest if after they officers states that they are going to arrest you, you take a step back away from them.

Resisting Arrest in Firestone: Police Have Freedom to Unlawfully Arrest You?

There is a specific section in the Resisting Arrest statute, which basically says that as long as the officer’s decision to arrest you was made in good faith, then even if the arrest was unlawful, you can still be charged with Resisting Arrest:

It is no defense to a prosecution under this section that the peace officer was attempting to make an arrest which in fact was unlawful, if he was acting under color of his official authority, and in attempting to make the arrest he was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A peace officer acts ”under color of his official authority“ when, in the regular course of assigned duties, he is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made by him.

Basically, it doesn’t matter if the crime for which the police are arresting you is bologna. You must comply or face Resisting Arrest charges. I don’t think ANYONE would be surprised that a person being unlawfully arrested for a crime they didn’t commit would react and possibly panic, resulting in pulling away or trying to stop the arrest from happening. Funny how officers are allowed to unlawfully arrest you, and you just have to take it.

Penalty for Resisting Arrest in Fort Lupton

In Fort Lupton, and across Colorado Resisting Arrest is a class 2 misdemeanor. This level misdemeanor is punishable by up to 120 days in the Weld County Jail. So, even if you never committed a crime to begin with, you may still do time.

If you or someone you love has been arrested for a Resisting Arrest charge, be smart, exercise your right to remain silent, and remember the Greeley Police Department are not there to help you. Contact the best criminal defense lawyers from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.

Image by Arek Socha from Pixabay

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