Aperson is charged with Resisting Arrest when he or she knowingly prevents or attempts to prevent a peace officer acting under color of his or her authority, from effecting an arrest by using or threatening physical force or violence against the officer, or by using any other means that creates a substantial risk of causing bodily injury (pain) to the officer or another. Police involved crimes are serious, because the “victim” in the case is law enforcement. Because of this, you need to work with an experienced criminal defense attorney who knows the best strategy to defend you in court.
Resisting Arrest is often charged after a person tries to escape police custody by using threats and / or physical contact with a government agent, police officer, or Deputy Sheriff.
Examples of Resisting Arrest
You are being arrested by a police officer in Denver County. You have never been arrested before, so when the cop puts the handcuffs on you, you move around to try to get comfortable. This results in a Resisting Arrest charge in downtown Denver.
Arrest at Your Home
A Jefferson County Deputy Sheriff comes to your home in the middle of the night in order to arrest you. The officers are rude and authoritative, so you refuse to come outside and be arrested and are subsequently charged with Resisting Arrest.
A cop pulls a woman over for a routine traffic stop in Adams County. The officer asks the woman to step out of the car. She loudly refuses and becomes argumentative. The officer decides to arrest her and she continues to refuse to step out of the car.
Why You Need a Lawyer for Resisting Arrest Charges
If you have been charged with Resisting Arrest in Arapahoe County, you need an experienced criminal defense attorney to fight who has a passion for defending your rights. Whether the accusations are false or not, having a skilled attorney on your side will aid in a favorable outcome for your case. In representing our clients, we use every tool at our disposal to uncover the truth and present a defense that is aggressive and unbeatable.
Our Philosophy of Defense
The attorneys at O'Malley and Sawyer, LLC work tirelessly to make sure that we present the best defense available. We call in witnesses, hire investigators, study, read police reports, and conduct hours of research. Our goal is to save your future. After all, having a criminal record influences finding a job, obtaining financial aid, and even owning a weapon.
Resisting Arrest Charges Can Often Be Beat
There are many circumstances in which you can beat Resisting Arrest charges in Douglas County. Here are a few examples of cases we have handled at O'Malley and Sawyer:
1.When a man was handcuffed, he wasn't aware that an actual police officer was arresting him, because he didn't announce his intent.
2.The officer used excessive force when arresting an individual and the defendant retaliated in self-defense.
Tips To Remember When Being Arrested:
If you find yourself being arrested in Colorado, the best thing you can do is to remain calm. There isn't any point in resisting. Once you are at the police station, you will be able to contact an experienced attorney who can defend you for your original charges. Remember these three tips:
- Be Silent: Under the Fifth Amendment, you have a right to remain silent.
- Be Calm: This will reduce the chance of additional charges.
- Be Smart: Call our attorneys to begin your defense.
An Arrest Does Not Mean Guilt
If you are not being harmed in any way during your arrest, it is important to not resist arrest or fight back. If you fight back and a police officer is injured, you could be charged with Second Degree Assault of a Police Officer. This is a serious offence and has a mandatory sentence to the Colorado Department of Corrections.
Colorado Resisting Arrest Statute: C.R.S. 18-8-103
“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.”