In Greeley, Colorado, you can be charged with Resisting Arrest if you try to prevent a Greeley Police Officer from arresting you or another person. This charge can happen if you threaten harm to the officer, use physical force, or cause risk to the officer. Our top criminal lawyers represent defendants in all kinds of criminal cases, including a Resisting Arrest charge. Our defense attorneys can get you the best outcome in your case. Below, our lawyers discuss Resisting Arrest charges to help you better understand what you are facing.
#1 What is the Definition of Resisting Arrest, C.R.S. 18-8-103, in Weld County?
The Weld County, Resisting Arrest, C.R.S. 18-8-103, definition 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.
(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.
(3) The term “peace officer” as used in this section and section 18-8-104 means a peace officer in uniform or, if out of uniform, one who has identified himself by exhibiting his credentials as such peace officer to the person whose arrest is attempted.
#2 What are Examples of Resisting Arrest in Greeley, Colorado?
Some examples that could lead to Resisting Arrest charge in Greeley are:
- A person telling his friend to hit or punch the officer who is arresting him.
- A person kicking, hitting or struggling to avoid handcuffs, when they are being arrested.
- Threating the officer’s life or safety as they are arresting you.
It is important to note that the police officer or “peace officer” can be in or out of uniform as long as they have shown their identification to the person they are arresting.
#3 What is the Sentence and Punishment for Resisting Arrest in Weld County?
In Weld County, a Resisting Arrest conviction is a class 2 misdemeanor, with penalties including 3 to 12 months in Weld County Jail, and a fine of $250 to $1,000. The additional sentence and punishments could include the initial original crime that the defendant was being arrested for.
#4 Why Hire a Top Weld County Lawyer to Defend Your Resisting Arrest Case?
When looking at a Resisting Arrest charge in Weld County, you need to remember that although it is a misdemeanor, it can still have destructive consequences to your future. Losing your freedom for even one month in the Weld County Jail can have consequences to your job, home, and freedom. Our aggressive criminal defense lawyers can fight these charges.
If you need help with your Resisting Arrest case in Greeley or Weld County, contact the O’Malley Law Office today. While you should not fight an arrest, you should not talk to officers – remember to exercise your right to remain silent. Police are not there to help you, and they will try get you to say things that will incriminate you. It is always best to just keep quiet. Call 970-616-6009 to schedule a free consultation with an experienced criminal defense attorney in the Greeley and Weld County area. Together, we can protect your future.
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