When Fort Collins Police or a Larimer County Sheriff Deputy utilize bullying tactics which are resisted by the public, they often charge Resisting Arrest, C.R.S. 18-8-103 and Obstruction of a Peace Officer – C.R.S. 18-8-104. This crime is useful to officers because they don’t need a witness / victim: they are the “victim”. They don’t have to hunt for or persuade someone to agree with their version of what occurred. While we are the first to admit there are many good officers who would never misrepresent the facts, some officers are not so honest.
Some officers are not so honest.
What is Resisting Arrest?
In order to successfully prosecute a Larimer County Resisting Arrest charge, police or a deputy will need to allege that a person “knowingly prevented or attempted to prevent a peace officer, acting under color of his official authority, from effecting an arrest of the actor or another, by: 1) using or threatening to use physical force or violence, or 2) using any other means which creates a substantial risk of causing bodily injury to the peace officer or another.”
Private Property and Resisting Arrest
Officers frequently charge this crime when they try and enter a home and the occupants deny them permission to enter. The officers are required to have an “exigency” to enter a home, apartment or house without a warrant. Since an exigency is sometimes hard to come by, they will try and create one by saying someone inside was in danger or that safety concerns for the occupants necessitated the unlawful entry. We have successfully defended a client against peace officer trespass on private property, with a judge dismissing the case during a jury trial.
Self-Defense and Resisting Arrest
Some people ask us whether it is acceptable to claim self defense under C.R.S. 18-1-704, when an officer is attempting to arrest them unlawfully. Colorado law provides that self defense is not a valid defense in this case unless the officer is resorting to unreasonable or excessive force. Once the Fort Collins, Loveland or Estes Park Police Officer turns to unreasonable or excessive force, you are allowed to resist arrest and defend yourself. You can count on the officer or deputy justifying his or her level of force in order to save their job.
Remember: Police officers make detailed notes about what you say.
Why You Need an Experienced Criminal Defense Attorney
Police officers and deputies sometimes misinterpret the conduct of our clients or refuse to listen to the facts, thereby aggravating the circumstances of an encounter. We advise our clients to be respectful, give the officer only minimal information about the circumstances, and then submit to an arrest if the officer is being reasonable and not overly forceful. Remember, officers will make detailed notes about what you say – and sometimes misquote you to justify their charges or conduct toward you.
If contacted by police or the sheriff in Larimer, Jackson or Weld County, be smart, exercise your right to remain silent, and call us 24/7 at 970-658-0007, or submit the “Get Help Now” form. Together, we can protect your future.