Colorado Springs Resisting Arrest and Assault on a Police Officer Defense Attorneys
Resisting arrest and assault is particularly unique and serious, because the “victim” involved is law enforcement. Resisting arrest can be played out in a variety of different situations, but according to Colorado law, here is the legal definition:
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 of 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.
When referring to “peace officer”, the code means an officer in uniform, and if out of uniform, the officer must reveal his credentials beforehand.
Resisting arrest can look like trying to get comfortable by moving around after handcuffs are placed on you. It can look like not cooperating with rude and domineering officers if they come to your home in the middle of the night to arrest you. It can look like refusing to step out of the car after being asked or arrested by an officer at a traffic stop.
Resisting arrest is a class 2 misdemeanor
Assault on a Police Officer
We want to help you understand when the charge moves from resisting arrest to assault on a police officer. Resisting arrest is only a class 2 misdemeanor, but if it escalates to assault on an officer, you are looking at second degree assault. To be convicted of both crimes, law enforcement must prove that you used or threatened force before and after you are arrested.
Resisting arrest deals with threats or violence before the arrest, while assault on a police officer is charged if there is post-arrest violence against a peace officer.
A person commits assault on a police officer in the second degree if he/she “caused bodily injury to any person while attempting to keep a firefighter or police officer from performing their legal function” (18-3-203)
Remember, if you are being arrested, be silent, calm, and smart. Under the fifth amendment, you have the right to remain silent and being calm will lessen the chance of additional charges filed after arrest.
If you or a loved one have been found in a situation where resisting arrest and assault on a police officer are in question, call our experienced criminal defense team at 719-227-0230.