Have you been accused of Resisting Arrest in Greeley, Colorado? Our criminal defense attorneys defend clients who face a Resisting Arrest charge. We know the Greeley Police often aggravate the circumstances or allege things which are not true. Our criminal lawyers will aggressively defend your case and get you the best outcome. In Colorado Springs, a man was recently charged with Resisting Arrest. He was allegedly not listening to the officer on the scene, and was asked to exit a vehicle after being overheard arguing with a woman. When he did not comply and continued to get into the vehicle, the officer punched him and then arrested him. Maybe the officer should have been the one arrested? It is important to know that the Greeley Police are never working a case in order to assist you – their job is to build a case for the prosecutor. Below, our lawyers will discuss these 4 important points:
- Definition of Resisting Arrest, C.R.S. 18-8-103, in Weld County
- What is the Definition of Peace Officer in, C.R.S. 18-8-103, Greeley, Colorado?
- Examples of Resisting Arrest in Weld County
- Penalties and Sentence for Resisting Arrest in Greeley, Colorado
Definition of Resisting Arrest, C.R.S. 18-8-103, in Weld County
In Weld County the 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.
(2) It is no defense to a prosecution under this section that the peace officer was attempting to make an arrest which in fact was unlawful, if he was acting under color of his official authority, and in attempting to make the arrest he was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A peace officer acts “under color of his official authority” when, in the regular course of assigned duties, he is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances that an arrest should be made by him.
What is the Definition of Police / Peace Officer in C.R.S. 18-8-103, Greeley, Colorado?
The definition of “peace officer” in Greeley, is a peace officer in uniform or, if out of uniform, who has identified himself by exhibiting his credentials as such peace officer to the person whose arrest is attempted.
Examples of Resisting Arrest in Weld County
A few examples of actions that could be charged as Resisting Arrest in Weld County could be:
- Threatening to punch a police officer who is trying to arrest you.
- Pushing, kicking, or shoving an arresting officer.
- Trying to run an officer over with a car.
- Trying to run away or break free from a police officer
Penalties and Sentence for Resisting Arrest by Police Officer in Greeley, Colorado
A conviction for Resisting Arrest in Greeley is a class 2 misdemeanor. The penalties for a conviction are 3-12 months in the Weld County Jail, and/or a fine between $500-$1,000. While a misdemeanor does not seem like a severe penalty, you will face a permanent criminal record, possible jail time and a large fine.
Related Criminal Offenses to Resisting Arrest in Weld County
When you are facing a Resisting Arrest charge in Weld County, you will also face the original charge that you were being arrested for and you could face other criminal charges such as:
Second Degree Assault, C.R.S. 18-3-203, if the Officer is hurt or feels any pain
Obstructing a Peace / Police Officer C.R.S. 18-8-104
Giving False Information to a Police Officer, 18-8-110, 18-8-111
Criminal Impersonation, 18-5-113
If you or someone you love has been arrested for a Resisting Arrest charge, be smart, exercise your right to remain silent, and remember the Greeley Police Department are not there to help you. Contact the best criminal defense lawyers from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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