In Weld County, you need an experienced attorney if you are facing of Resisting Arrest charges. In Loveland recently, a man was arrested after he was seen on body cam footage; approaching, pushing, and not responding to the request of Police Officers after Target employees had reported a disturbance. Resisting Arrest is a class 2 misdemeanor, which can limit your future if found in your criminal history. Learn more about this crime below or call The O’Malley Law Office with questions you have.
What is the Resisting Arrest Definition in Greeley, Colorado?
In Greeley, Colorado, Resisting Arrest, C.R.S. 18-1-103, is defined 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.
Simply put, if there are threats, interference, or physical violence against a Police Officer, during an arrest attempt, you can be charged with Resisting Arrest. It is important to note, that you can also be charged with Resisting Arrest even if the officer is attempting to arrest someone else.
In the case above, the man in Target was not complying with the Police Officers request and if it were proven he pushed the officer, he could be convicted of Resisting Arrest. If the officer were injured in the slightest amount, a felony charge would be made.
What is the Sentence for Resisting Arrest in Weld County?
In Weld County, Resisting Arrest is sentenced as a class 2 misdemeanor. If convicted of a class 2 misdemeanor, a person could be required to serve 3 – 12 months in Weld County Jail, and face a fine between $250 – $1,000. It is also worth knowing that the sentence could be longer, if you are also convicted of a subsequent crime while Resisting Arrest which would cause the punishment to be more severe.
In Greeley, Colorado, is an Unlawful Arrest a Defense to Resisting Arrest?
An unlawful arrest (meaning that there was no lawful basis for the arrest) can happen in Greeley, Colorado. However, that does not mean that during the unlawful arrest you can Resist Arrest. If you feel that you have been unlawfully arrested you will need an experienced criminal attorney to help you, however trying to Resist Arrest will not assist your case.
What are Defenses Against Resisting Arrest Charges in Weld County?
In Weld County, there are several defenses against Resisting Arrest Charges, and they are:
- The police officer used excessive force that was not warranted, and you were defending yourself
- The police officer was not acting official capacity as a law enforcement officer
- False allegations, meaning that you did nothing to actually resist arrest
The best and safest way to proceed, if you find yourself being arrested, is to go along with the officer. Do not resist, and give the officer no additional information beyond your name and date of birth. No one wants to have any kind of conviction on their criminal record, so the best thing to do is always to hire a skilled attorney who has experience dismissing Resisting Arrest cases. Not having an attorney is not an option and having a knowledgeable one is the best option to get the best possible outcome in your case.
Are you or a loved one being accused of Resisting Arrest in Greeley or Weld County? Be smart and exercise your right to remain silent. Remember, you can be respectful of law enforcement and remain silent at the same time. Contact our experienced Resisting Arrest Attorneys to do the talking for you. Call 970-616-6009 to meet with one of our skilled defense lawyers in the Greeley or Weld County area today! Together, we can protect your future.
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