The Larkspur Renaissance Fair is an annual event that attracts quite a crowd. While most people like to go and enjoy the festivities as themselves, some like to join in and take on a new persona dressed in period clothing. One man took his attempt to join in too far, when he entered the jousting arena and tried to steal a sword from the performer. According to the article, the man was drunk when he jumped into the arena and his friend intervened, putting him in a headlock until authorities arrived. The drunk man attempted to hit one of the officers while they were trying to arrest him. He was eventually detained and charged with Resisting Arrest and Attempted Assault on an Officer.
Resisting Arrest in Weld County
Resisting Arrest – C.R.S. 18-8-103 – is defined by Colorado law 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.
As a class 2 misdemeanor, this level of crime is punishable with 3 to 12 months in Weld County Jail and up to $1,000 in fines. While this man may be placed on probation for a couple of years, he could also be required to serve straight time in custody or an extensive work release sentence.
Second Degree Assault in Evans and Erie
Colorado law defines Assault in the Second Degree – C.R.S. 18-3-203 – as:
(c) With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person
Because the man was trying to prevent the officers from arresting him, and one of them may have been injured while trying to perform their lawful duty, his actions could be considered Assault. However, since he was unsuccessful in his effort, instead of being charged with 2nd Degree Assault, he was charged with Attempted 2nd Degree Assault.
Criminal Attempt in Morgan and Logan County
Criminal Attempt – C.R.S. 18-2-101 – is defined by Colorado law as:
If a person takes a substantial step toward committing a crime in Weld, Morgan, or Logan County, the Attempt label will be added to the underlying crime. The level of felony or misdemeanor charged is based on the underlying crime:
|
Underlying Felony or Misdemeanor Crime |
Attempt Felony or Misdemeanor Charge |
| Class 1 felony, like 1st Degree Murder | Class 2 felony Attempted First Degree Murder |
| Class 2 felony, like First Degree Kidnapping | Class 3 felony Criminal Attempt 1st Degree Kidnapping |
| Class 3 felony, like Aggravated Robbery | Class 4 felony Attempt to Commit Aggravated Robbery |
| Class 4 felony, like Sexual Assault | Class 5 felony Attempted Sexual Assault |
| Class 5 or 6 felony, like Theft | Class 6 felony Criminal Attempt Theft |
| Class 1 misdemeanor, like Assault in the Third Degree – Domestic Violence | Class 2 misdemeanor Attempt to Commit 3rd Degree Assault –DV |
| Class 2 or 3 misdemeanor, like Harassment | Class 3 misdemeanor Attempted Harassment |
Basically, the Attempt label steps the misdemeanor or felony down one level in Greeley, Windsor, and Berthoud. Since 2nd Degree Assault is a class 4 felony, Attempted Second Degree Assault is a class 5 felony punishable with 1 to 3 years in the Colorado Department of Corrections.
Have you been charged with Resisting Arrest? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with Resisting Arrest? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
It seems a little repetitive to charge the man with both of these charges. Resisting Arrest covers the use of physical force against a police officer, just like 2nd Degree Assault. This is just another case of overcharging a defendant in order to stack the deck against him. The fact that the man never touched the officer and no one was injured in the incident tells me that the Resisting Arrest charge would have been enough. He was a drunk man who, yes, made a poor choice, but was it a class 4 felony? I really hesitate to think he committed a felony.
If you or a loved one has been charged with Resisting Arrest, Assault in the Second Degree or an Attempt crime, be smart, exercise your right to remain silent, and contact the experienced criminal defense attorneys from the O’Malley Law Office at 970-616-6009 for a free consultation. Together, we can protect your future.
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