Resisting Arrest, C.R.S. 18-8-203, is charged any time a person attempts to prevent their own or another person’s arrest by threatening or using physical force against a Greeley Police Officer. Often, people resist when they believe that they’re being wrongly arrested, only to find themselves getting extra criminal charges. If you believe you are being wrongly arrested, you should exercise your right to remain silent, but you must also still comply with the officer. Below, our top criminal defense lawyers explain Resisting Arrest charges compared to another similar offense, Obstructing a Peace Officer:
1. Weld County Court Definition of Resisting Arrest, C.R.S. 18-8-203
Resisting Arrest, C.R.S. 18-8-203, is defined at the Weld County Courts 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.
In essence, Resisting Arrest is charged when a person attempts to prevent an arrest by threatening or creating risk of causing bodily injury. This can be an attempt to prevent his or her own arrest, or that of another person. Even just yanking your shoulder away from the officer can be seen as resisting and criminally charged.
2. Resisting Arrest vs. Obstructing a Peace Officer, C.R.S. 18-8-104 in Greeley
In Greeley, Resisting Arrest is similar to another criminal offense – Obstructing a Peace Officer, C.R.S. 18-8-104. Obstructing a Peace Officer, C.R.S. 18-8-104, is charged when a person knowingly prevents a Greeley Police Officer or other first responder from performing any of his job duties. There are two key differences between Resisting Arrest and Obstructing a Police Officer:
1. Obstruction can be charged when a person attempts to prevent any first responder – not just police officers – from engaging in his or her job responsibilities. Resisting Arrest is charged specifically for attempting to prevent a Greeley Police Officer or other law enforcement officer from arresting you or another person.
2. Obstructing a Peace Officer is charged for attempting to prevent a peace officer from performing any of their job duties outside of arresting another person. For example, Obstructing a Police Officer can be charged for threatening the Weld County Sheriff to prevent him from investigating a car accident.
3. Eaton and Severance Penalties for Resisting Arrest and Obstruction
Both Resisting Arrest and Obstruction are class 2 misdemeanors in Eaton and Severance. Class 2 misdemeanors are punishable by a maximum of 120 days in the Weld County Jail and $750 in fines. These penalties are relatively mild compared to those for class 1 misdemeanor or a felony offense. However, being charged with a misdemeanor can still make it incredibly difficult to find or maintain employment or buy a house. This is because even after you are released from the Weld County Jail, you will have a criminal record that will negatively affect several aspects of your life for years to come. If you have been charged with Resisting Arrest, it is crucial that you hire a top criminal defense lawyer with decades of experience to represent you at the Weld County Courts and help you protect your future.
Have you been charged with Resisting Arrest? Exercise your right to remain silent, and do not talk to the Greeley Police. Then call 970-616-6009 to get in contact with a top criminal defense lawyer and discuss your case. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
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