Resisting Arrest is a commonly charged crime in Greeley and Weld County. It is always a secondary crime because you have to be accused of an initial crime in order to be arrested and then, resist said arrest. The waters are murky when it comes to Resisting Arrest. If officers don’t like you, they may exaggerate your actions to make it seem like you resisted the arrest. Let’s take a closer look at this criminal charge in Colorado.
Lawyer for Resisting Arrest Charges in Greeley: How is Resisting Arrest Charges in Colorado?
The Greeley, Colorado law 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.
(3) The term ”peace officer“ as used in this section and section 18-8-104 means a peace officer in uniform or, if out of uniform, one who has identified himself by exhibiting his credentials as such peace officer to the person whose arrest is attempted.
As specifically stated in the statute, if the arrest is deemed unlawful, then you cannot be charged with Resisting Arrest.
Penalty for Resisting Arrest in Erie and Firestone
In Erie, Firestone, and across Weld County, Resisting Arrest is a class 2 misdemeanor. The penalty for this level misdemeanor is up to 120 days in the Weld County Jail plus fines and fees.