Greeley Resisting Arrest and Excessive Force Attorney
Two Crimes That Often Go Hand in Hand

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An officer is facing Use of Excessive Force and Assault for hitting, tasing, and strangling a man who he felt was resisting arrest. By the way, he was being arrested for jaywalking.

When a Greeley police officer or Weld County sheriff deputy feels that an arrestee is resisting the arrest, they often apply additional force to get compliance. Sometimes, that force crosses a line and is deemed excessive. A police officer was recently charged with Use of Excessive Force after he was accused of using his taser, hitting, and strangling a man who had repeatedly jaywalked. Yes, that was his response for JAYWALKING! Overreaction much? According to the report, the officer had given the jaywalker a warning, which he did not heed and instead continued to cross the street at random places and not in the cross walk. When the officers approached the man again, he tried to run, but was tackled and restrained. The man can be heard yelling on body cam that he couldn’t breathe as he is hit in the head repeatedly, tased, and choked.

Weld County Resisting Arrest Lawyer: Definition of Resisting Arrest in Morgan County

The Weld, Morgan, and Logan County, Colorado law definition of Resisting Arrest – C.R.S. 18-8-103 – is:

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.

Because the man tried to flee and was physically trying to avoid being handcuffed, he could have been charged with this crime. Because the statute is so vague, it leaves much to the discretion of law enforcement and they can easily see innocent movements as resisting.

Use of Excessive Force in Erie and Evans

In Greeley, Erie, and Evans, the definition of Use of Excessive Force – C.R.S. 18-8-803 – is:

Subject to the provisions of section 18-1-707, a peace officer who uses excessive force in pursuance of such officer’s law enforcement duties shall be subject to the criminal laws of this state to the same degree as any other citizen.

This means that the officer will be subject to the criminal charges related to Assault for his actions. Because there was an accusation of strangulation, likely Second Degree Assault, a felony, would apply.

If you or someone you love has been charged with Resisting Arrest, 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.

Image Source: Pixabay-Life-of Pix

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