Earlier this year, a man escaped from the Colorado Mental Health Institute in Pueblo, Colorado. He was committed to the hospital after an arrest for multiple crimes, including Resisting Arrest – C.R.S. 18-8-103. This offense is commonly charged along with multiple crimes because police attempt to resist someone for a crime (in this case Motor Vehicle Theft, Possession of a Weapon by a Previous Offender, and Robbery). Understandably, people don’t want to go to jail. But, fighting against the police results in serious consequences. If a person has been charged with an offense, it is better to comply with the police. If you fight back in Weld, Morgan, or Logan County, you could face more charges for resisting arrest. Let’s look at the Colorado statute for this offense to learn more:
What is Resisting Arrest in Greeley, Evans, and Erie?
Resisting Arrest is charged whenever a person 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:”
- Using or threatening to use violence or physical force, or
- Using any other means which creates a “substantial risk of causing bodily injury” to the officer or another person.
To put this simply, if a person fights back when a police officer attempts to arrest them, they will face Resisting Arrest charges. If they hurt an officer in the process, it could be 2nd Degree Assault.
Resisting Arrest Charges are Often Unjust
Resisting Arrest is easily charged. Police officers are the victim of this crime, and they don’t need a witness in order to accuse someone. Often, police officers misrepresent situations in order to get convictions and to save face.
Resisting Arrest is easily charged in Colorado.
It’s Better to Comply and Hire an Attorney
If the police are arresting you for a crime, it’s usually better to comply. After your arrest, you have the right to an attorney who will defend you. If you fight back, you’ll have more charges to defend yourself against. If you have been charged with Resisting Arrest, there are multiple defenses. For example, you can sometimes claim Self-Defense – C.R.S. 18-1-704 if excessive force was used.
If you or a loved one is facing Resisting Arrest charges in Weld, Morgan, or Logan County, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 970-616-6009, or submit the “Get Help Now” form. Together, we can protect your future.
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