When a person uses threats, force, or violence to avoid being arrested, they can be charged with Resisting Arrest. If they are Resisting Arrest and they drive recklessly to avoid police pursuing them, they can also be charged separately with Vehicular Eluding. Recently in Mack, Colorado, a driver was pulled over after multiple calls to 911 about someone driving erratically. The man was suspected of being intoxicated. When a Colorado State Trooper attempted to take him into custody, the man sped off and was pursued by the officer. The pursuit ended when a police tactical maneuver was performed, and the driver hit a fire hydrant, flooding the street. Below, the attorneys at the O’Malley will discuss Resisting Arrest and Vehicular Eluding. You’ll learn why it is important to have a top criminal defense attorney representing you.
Legal Definition of Resisting Arrest, C.R.S. 18-8-103, in Greeley, Colorado
The Greeley, Colorado law definition Resisting Arrest, C.R.S. 18-8-103, is:
(1) 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.
In the story above, the man driving off and preventing the officer from ‘effecting an arrest,’ would be enough to charge him with Resisting Arrest. Unfortunately, it is not just violence towards a Greeley Police Officer or some large gesture of resistance, Resisting Arrest can also be as simple as pulling away from an officer trying to put handcuffs on you. Even a slight movement which gives the indication of being uncooperative, can get you charged. The Greeley Police often charge Resisting if they are mad at the defendant for insulting them. We never see people being charged only with Resisting Arrest. There is always an underlying reason a police officer is making the arrest which is later resisted. It is common that people are under the influence of alcohol and are being charged with Domestic Violence Assault or Harassment prior to resisting.
Weld County Definition of Vehicular Eluding, C.R.S. 18-9-116.5
Vehicular Eluding, C.R.S. 18-9-116.5, in Weld County is defined as:
Any person who, while operating a motor vehicle, knowingly eludes or attempts to elude a peace officer also operating a motor vehicle, and who knows or reasonably should know that he or she is being pursued by said peace officer, and who operates his or her vehicle in a reckless manner, commits vehicular eluding.
It is important to note that for a person to be charged with Vehicular Eluding, they must knowingly attempt to evade or actually evade police, plus drive recklessly. The defendant in the above story was driving recklessly both before he tried to evade police and after. The Eluding statute does not say that during the act of Eluding Reckless Driving must occur. To learn more about Reckless Driving charges, get help here.
What are the Penalties and Sentence for a Resisting Arrest Ticket and Felony Vehicular Eluding Charge in Greeley and Windsor, Colorado
In Greeley and Windsor, Colorado, the sentence for Resisting Arrest is a class 2 misdemeanor, with penalties of up to 120 days in the Weld County Jail and a fine of up to $750. Vehicular Eluding is a felony, and the sentence and punishment depends on whether someone was injured. If no one was injured, as in the story above, the sentence is a class 5 felony with penalties of 1 to 3 years in a Colorado State Prison, and a fine of $2,000 to $100,000. The most severe sentence for Vehicular Eluding is given if someone died because of the incident. This is a class 3 felony. The penalties for a class 3 penalty are 4 to 12 years in Colorado State Prison, and a fine of $6,000 to $750,000.
Why Hire a Top Weld County Resisting Arrest and Felony Vehicular Eluding Attorney?
If you are facing a Resisting Arrest, Felony Vehicular Eluding, or another traffic offense, it is important to hire the best Weld County criminal defense attorneys. Our attorneys will learn the details of your case, consider the evidence and law against you, and fight for the best outcome in your case.