Douglas County Resisting Arrest Attorney

When an Officer Punches Back

Resisting Arrest is charged in Castle Rock and Douglas County when a person uses physical force or violence to try to keep a police officer from arresting them or another person. A woman is facing these charges after an unpleasant encounter with police officers on the beach. According to the report, the underage woman had alcohol with her on the beach when she was approached by the officers. She got sassy with them, prompting them to make the decision to write her up. She refused to give the police her name and began to walk away, when the officer pursued her. She pushed the officer, prompting a tussle, which resulted in the officer punching her twice in the head and holding her down while trying to get her in cuffs. If this had occurred in Colorado, she likely would have faced charges for Assault on a Peace Officer and Resisting Arrest.

Castle Rock Resisting Arrest Lawyer: Definition of Resisting Arrest in Douglas County

The Douglas County, Colorado law definition of Resisting Arrest – C.R.S. 18-8-103 – is:

“

(1) A person commits resisting arrest if he 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:

(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.”

By putting her hands on the officer to push him away, she used physical force against him to prevent him from arresting her – which would be charged under subsection (a).

Sentence for Resisting Arrest in Highlands Ranch and Parker

As a class 2 misdemeanor in Castle Rock, Highlands Ranch, and Parker, this crime is punishable by 3 to 12 months in the Douglas County Jail and up to $1,000 in fines. This charge would be the least of the woman’s worries, though, as Assault on a Peace Officer is a much more serious felony offense.