Colorado Law for Resisting Arrest - Weld County Resisting Arrest Attorney
In Weld County, Colorado, it's common for Police to charge Resisting Arrest for even the slightest bit of defiant behavior. You will always want an experienced and local Weld County Attorney when it comes to cases directly involving police. Despite Colorado law for Resisting Arrest, Judges often side with officers purely due to their status as law enforcement. Even when cops employ bullying tactics and excessive force, the slightest bit of resistance will result in an arrest and charges of Resisting Arrest.
What is Resisting Arrest, C.R.S. 18-1-103, in Greeley?
In Greeley, Resisting Arrest, C.R.S. 18-1-103, is broadly defined as:
(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.
What are the Penalties for Resisting Arrest in Frederick and Dacono?
If you're convicted for Resisting Arrest in Frederick or Dacono, then you will face the penalties of a class 2 misdemeanor. The punishment for a class 2 misdemeanor is:
- 3 to 12 months in Weld County Jail
- A fine between $250 and $1,000
Though not an extremely steep punishment, no one wants to wind up with a Resisting Arrest conviction on their criminal record. Especially when anyone can pull it up, including landlords, employers, or potential romantic partners. Let us help protect you from a Resisting Arrest charge in Northern Colorado. Depending on the facts of your criminal case, if we can't get it dismissed in court, it is likely we can work to eventually Seal your Record.
Probable Cause to Make an Arrest in Longmont
In order for Longmont police to make a lawful arrest, they need to have Probable Cause. But what does this really mean? Basically, officers need to be able to prove to a judge that there was valid reason to make the arrest and file charges. Having an arrest warrant or having seen the accused commit a criminal offense are grounds to make an arrest in Colorado. Police can obtain an arrest warrant by providing specific reasons and factual information to the judge. It is not based on pure suspicion, but can include statements of police and hearsay they heard from others.
So if an officer arrives on the scene and decides to take you into custody, any resistance by you will result in a Resisting Arrest charge. Police develop probable cause to arrest easily – no one challenges their erroneous thinking about whether you actually resisted. However, with body cams in use by many police departments today, lying officers are now getting caught. Body cams have leveled the playing field as judges and juries are seeing video footage of police officers acting inappropriately. Video evidence also helps police prove probable cause when you have acted wrong on camera. It is always best to respect the officer and not challenge your inappropriate arrest. Courts exist to ensure that justice is served when you are wrongly accused of Resisting Arrest, or rightly accused.
You Can Easily Be Charged with Resisting Arrest in Greeley and Northern Colorado
When cops charge you for Resisting Arrest in Greeley and Northern Colorado, they don't need any other proof than their word, making it extremely easy to charge. It is the basic their word against yours, in a situation where the police already maintain the advantage.
Police can charge this crime in various scenarios.
- If they are trying to arrest someone and that person is being uncooperative and fighting against the arrest, they will be charged.
- When someone attempts to aid their friend or partner in avoiding or resisting arrest, they can be charged.
- If you threaten an officer, they can arrest and charge you with this crime as well.
Most commonly, we see this charge appear after people rightly refuse police entry into their home (without a warrant). When police want to enter without a warrant, they need an "exigency." This means there has to be some kind of urgent demand for them to enter, like eminent danger or a question of safety. Sometimes officers will abuse this legitimate reason to enter a property and they then charge our clients with Resisting Arrest or Obstruction of a Peace Officer. However, by hiring an experienced Resisting Arrest lawyer, we will know how to battle in court with the District Attorney over this matter. We have had many cases of similar nature been dismissed by judges because officers are out of bounds when they make these charges.
When Dealing with Police Related Crimes in Weld County
When you're being charged for Resisting Arrest, Obstruction of a Peace Officer, or another police related crime in Weld County, it is important to remember that you're going against law enforcement. Generally, officers will misrepresent what happened because it is their job on the line. And because they are apart of the justice system, the same system the judge is paid by, they already have the advantage. We always tell our clients to:
- Be respectful to officers
- Avoid talking to them as much as possible
- Submit to them if they arrest you, as long as it is reasonable and not forceful
Our skilled and knowledgeable attorneys will build a strong defense around the facts of your case with the end goal of getting it dismissed in court. We will subpoena any body cameras in use for your defense.