Obstruction in Colorado - C.R.S. 18-8-104

The title of this law is "Obstructing a peace office, firefighter, emergency medical services provider, rescue specialist, or volunteer." The language of the Colorado statute says that a person commits this crime when (1) by using or threatening to use violence, force, physical interference, or an obstacle, (2) such person knowingly obstructs, impairs, or hinders the enforcement of the penal law or the preservation of the peace by a peace officer, (3) acting under color of his or her official authority.

The law applies similarly to firefighters, emergency medical services providers, rescue specialists, volunteers, or even law enforcement animals. According to C.R.S. 18-8-104 (4), this act of obstruction results in a class 2 misdemeanor.

Police will charge you with this crime whenever you make their job tougher. We have recently seen a Douglas County (Castle Rock) client charged with Obstruction because he would not open a gate for the police. Others are charged when they refuse to give identification to police or create an obstacle for them. Typically, police officer "intent to arrest" is a necessary prerequisite to a successful prosecution for Obstruction. Otherwise, the officer can't meet the definition of "acting under color of his or her official authority." There are many specific definitions and requirements for a Colorado police officer in Denver to prove before you can be convicted.

The district attorneys of Weld County, Adams County, Denver County, Douglas County, Arapahoe County, and other Colorado counties tend to overcharge the crime of Obstruction. They usually will think they have a better case then the facts support. Yet this must be balanced with the risk of a conviction which can have several different sentencing consequences. Some of the most common consequences involve community service time, fines, jail time, and probation. You need to have a criminal lawyer that will fight for you and strive to achieve the best outcome possible.

The criminal lawyers at O'Malley Law Office P.C. will fight to defend you or your loved one against charges like obstruction. So, if you have been contacted by a Colorado police officer regarding any potential obstruction charges, be smart, exercise your right to remain silent, and call us right away at 303-731-0719. Together, we can protect your future.

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