Resisting arrest charges in Adams County, CO often result from someone trying to escape police custody or interfering with law enforcement performing an arrest. If a person uses or threatens violence or physical force against an officer, it is taken seriously due to the substantial risk of injury. Last month, a Colorado man was arrested after allegedly fighting with county deputies responding to a restraining order violation at an apartment complex. Criminal charges such as these require contacting a strategic resisting arrest lawyer as soon as possible.
Is Resisting Arrest Serious in Colorado?
Any police involved crime is taken seriously in Colorado because the victim is a law enforcement officer. C.R.S. 18-8-103 addresses the conduct of resisting arrest in Thornton, Commerce City, and Brighton. A person commits this offense if they:
- knowingly prevent or attempt to prevent,
- a peace officer from performing an arrest,
- by using or threatening use of physical violence or force,
- or by any means that creates substantial risk of bodily injury
The term peace officer refers to police in uniform, or if out of uniform identifies themselves by showing their credentials. It is important to note that resisting arrest for an underlying crime is unlawful, even if you believe you’re innocent. The only times resisting an unlawful arrest might apply is if the officer is off-duty, you’re acting in self-defense, or police use excessive force.
Do You Go to Jail for Resisting Arrest in Colorado?
The punishment for resisting arrest in Thornton, Westminster, and Commerce City depends on the facts of each unique case. Resisting arrest is a class 2 misdemeanor throughout Colorado. Potential penalties include:
- 3-12 months in county jail,
- fines of $250-$1,000
However, keep in mind this can be in addition to the consequences for the underlying offense that led to arrest. Remaining calm is essential whenever facing an arrest. Resisting, becoming violent, or purposefully interfering can lead to harsher ramifications. Second degree assault on a police officer isn’t an uncommon charge in these situations if the officer is injured or experiences pain during an arrest.
Adams County Resisting Arrest Lawyer
Our strategic criminal defense attorneys are fully aware that a great deal can occur during confrontations with police. Unfortunately, law enforcement in Adams County doesn’t always accurately describe what happened. We use several different strategies to uncover what actually occurred during an arrest by interviewing witnesses and utilizing investigators and other experts. Contact our office for a free initial consultation where we will carefully look over your unique case and suggest next steps, all while prioritizing your best possible outcome.
If you or someone you know is facing a resisting arrest charge in Colorado, be smart. Contact the experienced defense lawyers at O’Malley and Sawyer, LLC at 303-731-0719. Together, we can protect your future.
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