Here at the O’Malley Law Office, we don’t believe the police are above the law in Weld, Morgan and Logan County. The crimes of second degree assault on a police officer and resisting arrest have serious consequences in Greeley, Windsor and Erie, and can arise in even the most innocent of circumstances.
Act of Self-Defense Seen as Assault
Last week in Virginia, a 20-year-old woman was arrested for assault on a police officer and eluding arrest. The woman had stopped at a local supermarket to pick up a few items – one of which was a box of sparkling water. After she reached her car, the woman was approached by six men and one woman who were undercover agents from the state’s Alcohol Beverage Control; they had mistaken her box of sparkling water for beer. The officers (who were in plainclothes), approached the girl and began flashing unidentifiable badges at her – one jumped on the hood of her SUV, while another pulled out a gun. The woman panicked – which is understandable; the officers weren’t recognizable, and were acting irrationally. She was asked to roll down her windows, but couldn’t roll them down until she had started her car. When she did so, the officers started yelling at her not to start the car, and then began breaking her car windows.
In the midst of this chaos, a roommate in the car told the woman to “go, go, go!” so she pulled away from the group. Allegedly, two of the officers were grazed as she pulled away. The terrified students called 911 on their way out of the parking lot, and were pulled over by police a few miles away. After realizing who the plainclothes officers really were, the woman apologized, but was arrested for assault on an officer, and eluding police. Second Degree Assault on a Police Officer – CRS 18-3-203 is a felony charge, and carries a mandatory prison sentence in the Colorado Department of Corrections.
Police Presumed to be Innocent
This incident illustrates how police officers can be in the wrong, but not be prosecuted. The blame should fall on the plainclothes officers for handling the situation so poorly. The woman was simply protecting herself and her friends from unidentifiable, violent attackers. She never should have been arrested. Thankfully, the felony charges were dropped, but an innocent woman had to spend an evening in jail, and deal with felony charges.
Incidents that involve the police require an experienced criminal defense attorney. If you are charged with Second Degree Assault on a Police Officer in Weld County, you will need a lawyer fighting for you. The police will be presumed to be innocent, so proving that you acted in self-defense is vital for your future. If you have been accused of second degree assault on a police officer in Weld County, be smart, exercise your right to remain silent, and call us today at 970-616-6009, or submit this form. Together, we can protect your future.
Image Credit: FreeDigitalPhotos.net – winnond