Anytime a police officer is attempting to make an arrest, and the person being arrested makes that job more difficult for the officer, they will face charges of Resisting Arrest in Weld County, including when a person bites police. A man was booked into jail after initial reports told of an armed man at a taco shop. When approached by police officers, the man had a fake gun and provided false information to them. As the police officers attempted to arrest him, the man resisted. After he was cuffed, he threw back his head, effectively hitting the officer in his temple. As a result, officers attempted to apply leg restraints to the man. As he was being lowered to the ground, he is accused of biting the officer’s knee cap. That couldn’t have felt good.
Greeley, Colorado Law on Resisting Arrest, C.R.S. 18-8-103
Excessive Force by Police?
When someone is accused of Resisting Arrest, C.R.S. 18-8-103 in Greeley, Colorado, they’re accused of:
(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.
An officer could add Resisting Arrest to your charges if you’re just struggling against them during the arrest. In many cases, this is just a natural response to excessive force by police officers. Self defense can be used in this situation. Colorado lawmakers specifically provide vague language in this statute to give police officers as much power as they can. It is also important to note that “bodily injury” also has a very loose definition. As long as someone claims they felt “pain” or that the action “hurt,” that action will be constituted as causing “bodily injury” in Greeley, Colorado. If you cause any bodily injury to a cop during his arrest of you, it is likely you will be charged with 2nd Degree Assault of a Police Officer – a serious felony. So, always use caution when dealing with Greeley police.
Sentence for Resisting Arrest in Longmont, Eaton, and Kersey
If someone is convicted for Resisting Arrest in Longmont, Eaton, and Kersey, they face a class 2 misdemeanor sentence. A class 2 misdemeanor sentence in Longmont, Eaton, and Kersey consists of: probation, up to 6 months in the Weld County Jail, and a fine between $50 and $750.
Resisting Arrest and Unlawful Arrests
in Brighton, Milliken, and Hudson
It is not a defense in Brighton, Milliken, and Hudson to Resist Arrest if you feel the arrest is unlawful. The law will tend to agree with most decisions officers make because, generally, they are “acting under the color of their official authority.” The law trusts that officers are making the right calls and therefore, should be respected. Because of this provision in the statute, regardless of the matter, we always recommend doing as the police ask. Whether or not the police are correct in their actions and the arrest is justified, just do as they suggest. By following their direction, you avoid additional “catch-all” charges like Assault and Resisting Arrest. Additionally, if the cop has messed up and wrongfully arrested you, by cooperating, it just goes to further prove the insolence and ignorance of the officer (a common occurrence).
Accused of Resisting Arrest in Greeley or Weld County?
If you need help with your Resisting Arrest case in Greeley or Weld County, contact the O’Malley Law Office today.
While you should physically cooperate with police, remember to exercise your right to remain silent. Police will take advantage of scared and frustrated people by trying to get them to say things that will incriminate themselves. We want to avoid this, so it is always best to just keep quiet.
Call 970-616-6009 or fill out the Get Help Now form to schedule a free consultation with an experienced criminal defense attorney in the Greeley and Weld County area.
Together, we can protect your future.
Photo by Bill Oxford on Unsplash