Police in Adams and Jefferson County aren't always fair. Their actions sometimes cause people to face unreasonable charges or convictions. In fact, according to a recent news story, a man won an appeal for a conviction of Resisting Arrest after being arrested for Disorderly Conduct. He said the police officer who arrested him used unreasonable force, so he tried to defend himself. Though you should avoid preventing an arrest in Colorado, Resisting Arrest charges may be dropped if an officer's forceful arrest was the cause of your resisting. The hard part is getting evidence of police conduct.
Resisting Arrest in Douglas County
The definition of Resisting Arrest, C.R.S. 18-8-103, in Douglas County, is when 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: (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.
Resisting Arrest is charged as a class 2 misdemeanor in Douglas and El Paso County, meaning someone could face up to 12 months in the Douglas County Jail.
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Denver Unlawful Arrests: Criminal Charges Could Be Dropped
The man in the news story was pushed to the ground and his head hit the pavement during his arrest. Afterwards, the officer who made the arrest used a Taser on him twice. One of the tasings occurred after the man was fully handcuffed. This to me doesn't sound like a lawful arrest. Under C.R.S. 18-8-103(2), a peace officer cannot lawfully resort to “unreasonable or excessive force giving rise to the right of self-defense.” Like the man in the news story, there are other people who don't resist an arrest until they're mistreated by police. This leads to fighting back in an effort to protect themselves. There are other cases where people aren't aware they're being arrested because police don't announce the arrest. If you have been arrested in Denver and are facing charges of Resisting Arrest, you should always consult a criminal defense lawyer. The criminal attorneys at the O'Malley Law Office will work hard to save your future.
Facing Resisting Arrest Charges in Denver? Consult A Criminal Defense Lawyer
Though it's difficult not to fight back if you're being violently arrested in Denver or Arapahoe County, it's always best not to. Don't try to argue with police during an arrest, either. Exercise your right to remain silent, since police will use your statements against you in trial. Contact a criminal defense attorney immediately if facing any charges of Resisting Arrest in Colorado.
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If you or a family member is facing charges of Resisting Arrest or you think that an arrest was unjust, call the best criminal defense lawyers at our office for a free consultation at 303-830-0880. Together, we can protect your future.Request a Free Consultation
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