Resisting Arrest is a charge that often stems from frustrated individuals not understanding why police are questioning them or attempting to make an arrest. Preventing or attempting to prevent law enforcement from arresting you can lead to further difficulty. Law enforcement is quick to anger when citizens don’t follow their requests or become confrontational. It is important to consult with a skilled resisting arrest attorney if you’re facing charges.
Resisting Arrest Definitions and Examples
C.R.S. 18-8-103 Resisting Arrest occurs if someone:
- 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 physical force or violence against the peace officer or another; or
- using any other means which creates a substantial risk of causing bodily injury to the peace officer or another.
The definitions above often apply to situations where someone has been drinking and they attempt to finagle their way out of an arrest. Another instance that can occur is when someone tries to run from the police and as a result, officers resort to more physical means to take down the person. Finally, men and women attempting to interfere with a loved one being arrested might make threats or physical advances to prevent an arrest.
Sentencing for Resisting Arrest in Colorado Springs
Resisting Arrest is typically charged as a class 2 misdemeanor in Colorado. Potential consequences include 3 to 12 months in jail, and / or a fine of between $250-$750. Additionally, a period of probation can be a punishment as well. If it is proven in court that your resist to arrest did cause bodily injury to a police officer, the much harsher crime of assault in the second degree might apply. Conviction of this crime has much greater consequences with prison time as a potential outcome. This can go from bad to worse very quickly. Consulting with a skilled resisting arrest attorney is always the best move.
Resisting Arrest Attorney | Important Reminders
While being arrested can be overwhelming, it is important to keep in mind that it doesn’t necessarily mean you’re guilty of anything. Resisting the arrest itself will only lead to further complications. It is best if you simply comply with law enforcement’s directions. Even if you feel that the accusations leading to your arrest are false, exercise caution. Remaining silent, staying calm, and requesting to speak with your attorney are your best options. While police officers might try to use intimidation tactics, remember your best defense is not to buy in to these maneuvers. Help us help you as we form your defense and fight for your best possible outcome.
If you or someone you know is facing charges of Resisting Arrest, call today. Contact the top rated defense attorneys at Sawyer Legal Group at 303-265-1950. Together, we can protect your future.
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