In Weld County, Resisting Arrest is a misdemeanor crime that is charged when a person uses threats, force, or violence against the police officers or other people to resist an arrest. A conviction can cost you up to 120 days in jail, fines, and a criminal record. Our attorneys understand that people can make mistakes. We want to help our clients understand the charges they face and aggressively fight for them. Below, our attorneys discuss a Resisting Arrest charge and why hiring a top criminal defense attorney is important.
Legal Definition of Resisting Arrest, C.R.S. 18-8-103, in Colorado
In Colorado the definition of Resisting Arrest, C.R.S. 18-8-103, is:
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.
(2) 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.
What are Examples of Resisting Arrest in Greeley, Colorado?
Resisting Arrest can happen in many different situations between a defendant and law enforcement officers in Greeley, Colorado. Resisting Arrest can be charged any time a person knowingly tries and prevent a law enforcement officer from arresting them or another person. Some common examples are:
- Threatening to kill an officer or their family
- Punching an officer
- Getting other people to push or kick a cop who is trying to arrest you
- Driving or running away from a law enforcement officer
- Wrestling with a Greeley Police Officer when he is trying to handcuff you
Windsor, Colorado Judgement for a Resisting Arrest Conviction
If you are convicted of resisting arrest in Windsor, the judgement or sentence is a class 2 misdemeanor, with penalties of up to 120 days in the Weld County Jail and a fine of up to $750. It is also important to note that the defendant will also face charges for the original crime that they were being arrested for, such as Domestic Violence Harassment.
What Charges are Related to Resisting Arrest in Weld County?
Are you facing a Resisting Arrest charge in Weld County? There are other charges that are commonly charged are:
- Eluding a Police Officer – C.R.S. 42-4-1413
- Recklessly Driving C.R.S. – 42-4-1401
- Vehicular Evading – C.R.S. 18-9-116.5
- Obstructing a Peace / Police Officer C.R.S. 18-8-104