It’s never a fun thing when the police show up at your front door, especially when you feel it is for a ridiculous reason. Many times, they are just there to follow up on a call or issue a warning. This is exactly what happened to a Greeley man, only he didn’t end up with just a warning. According to the news report, the Greeley Police were alerted to a noise complaint. They followed up on the call and found an intoxicated man playing his music very loudly. The officers issued a warning and left. The man must not have taken the warning seriously though, because about 20 minutes later police were called back to the same address where the music was playing even louder. This time, the man was not very cooperative and the officers decided to arrest him. He did not take to that idea, and fought the officers, even powering through two rounds of the stun gun. He ran and when the officers caught up, he punched one in the head. They were eventually able to tackle the man, but in the scuffle another officer dislocated his shoulder. The man was successfully arrested and taking to the Weld County Jail. He was charged with Second Degree Assault on a Police Officer, Resisting Arrest, and Disorderly Conduct.
Weld County Resisting Arrest Lawyer: What is the Definition of Resisting Arrest?
The Colorado law definition of Resisting Arrest – C.R.S. 18-8-103 – 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.
Because the man used physical force to get away from the police officers while they were trying to arrest him, he is facing this misdemeanor charge. As a class 2 misdemeanor in Greeley, Erie, and Evans, Resisting Arrest is punishable by 3 to 12 months in the Weld County Jail and up to $1,000 in fines.
Have you been charged with Resisting Arrest, Disorderly Conduct or 2nd Degree Assault? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with Resisting Arrest, Disorderly Conduct or 2nd Degree Assault? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Greeley Disorderly Conduct Attorney: What is the Definition of Disorderly Conduct?
The Colorado law definition of Disorderly Conduct – C.R.S. 18-9-106 – is:
(a) Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace; or
(c) Makes unreasonable noise in a public place or near a private residence that he has no right to occupy; or
(d) Fights with another in a public place except in an amateur or professional contest of athletic skill; or
(e) Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting or the ritual discharge of blank ammunition cartridges as an attendee at a funeral for a deceased person who was a veteran of the armed forces of the United States; or
(f) Not being a peace officer, displays a deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm.
The man was probably charged with this offense for making unreasonable noise in a public place. Most likely, he was quite verbal and loud when the officers removed him from his home to arrest him. He may have used vulgar language in his fight with the officers. As a class 3 misdemeanor in Weld, Morgan, and Logan County, this crime is punishable by up to 6 months in the Morgan County Jail.
If you or someone you love has been charged with Resisting Arrest, Disorderly Conduct, or 2nd Degree Assault, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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