Resisting Arrest, C.R.S. 18-8-103, charges occur in Denver and Douglas County whenever a person 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 by using any other means which creates a substantial risk of causing bodily injury to the peace officer or another. You cannot afford to fight Resisting Arrest charges alone. Always involve an experienced Resisting Arrest Denver lawyer from the O'Malley Law Office to defend you if facing Resisting Arrest charges.
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Resisting Arrest Denver Lawyer: How Resisting Arrest Charges Are Filed in Denver and Jefferson County
In Denver and Jefferson County, Resisting Arrest charges are filed under many circumstances. Resisting Arrest is intended to prevent men and women from making it difficult for police to arrest them. Often, men and women face Resisting Arrest charges after they have been drinking too much and they don't understand why they are being arrested, so they resist being handcuffed. In other cases, men and women injure police when resisting the arrest because police are being too aggressive when arresting them. However, physical harm/contact with a peace officer is not always needed to face charges of Resisting Arrest. Yelling at police, or telling police to stop what they are doing when trying to make an arrest, can still lead to charges of Resisting Arrest. Resisting Arrest can also be charged with felony Assault.
Resisting Arrest in Arapahoe County Can Turn into Felony Assault
In Arapahoe County, Resisting Arrest can be charged with Assault in the Second Degree, C.R.S. 18-3-203. Second Degree Assault is a lengthy statute, which involves causing bodily injury to others. In one part of the statute, however, a person can face charges of 2nd Degree Assault if they cause injury to a police officer, firefighter, emergency medical care provider or emergency medical service provider. There are two parts of the Second Degree Assault statute which state that:
“With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, emergency medical service provider from performing a lawful duty, he or she intentionally causes bodily injury to any person.”
“With intent to prevent one whom he or she knows, or should know, to be a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, he or she intentionally causes serious bodily injury to any person.”
If you resist an arrest in Arapahoe County and cause a police officer pain, such as by elbowing them, breaking a bone, burning them, scratching them, or cutting them, Second Degree Assault on a Peace Officer charges can be filed. Note that there are two definitions of “bodily injury” and “serious bodily injury” under C.R.S. 18-3-203. For “bodily injury”, even something as small as physical pain (like a bruise) can lead to 2nd Degree Assault on a Police Officer charges. Serious bodily injury involves more serious injury, such as breaks, fractures or burns on the body. Second Degree Assault is a felony and can come with heavy fines and a lengthy prison sentence if convicted.
Adams County Resisting Arrest Lawyer: Always Best to Submit to Police
Generally, it is always best to submit to police authority in Adams County, even when you feel an arrest is unjust. Police are never understanding if you try to talk with them about your situation, and in all cases, it is best to remain silent. Anything you say to them can and will be used against you in court. If you are facing Resisting Arrest charges, or both 2nd Degree Assault and Resisting Arrest charges in Adams County, it's best to consult a criminal defense lawyer from the O'Malley Law Office. Our criminal defense lawyers have been defending men and women charged with Resisting Arrest and Assault for over 25 years. Call a Resisting Arrest Denver lawyer at the O'Malley Law Office today to set up a free initial consultation and protect your future.
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If you or a loved one is facing Resisting Arrest charges or Second Degree Assault charges in Colorado, be smart and remain silent. Then, call a Resisting Arrest Denver lawyer at the O'Malley Law Office at 303-830-0880 for a free initial consultation. Together, we can protect your future.Request a Free Consultation
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