Obstruction In Colorado – C.R.S. 18-8-104
Attorney For Obstructing A Peace Officer In Arapahoe County, Colorado
When a person knowingly obstructs, impairs or hinders the enforcement of the penal law or the preservation of the peace by a peace officer in Arapahoe County, acting under color of his or her official authority, they can face charges for obstructing a peace officer. Simplified down, a person can be charged with obstruction by the police whenever they make their jobs tougher. This “tougher” can include a person using violence, force, physical interference or an obstacle, and purposefully getting in the way of an agent of governmental power (usually a police officer).
To Whom Does Obstruction Definition Apply In Denver County?
While some people might think that obstruction only applies to impairing the job of police officers in Denver County, the definition of obstructing a police officer states that a person commits obstructing against a “peace officer, firefighter, emergency medical services provider, rescue specialist, or volunteer” who is “acting under color of his or her official authority”. Typically, a police officer’s “intent to arrest” is a necessary prerequisite to a successful prosecution for obstruction/obstructing. Otherwise, the officer can’t meet the definition of “acting under color of his or her official authority.”
Douglas County Obstructing A Police Officer Example From A Lawyer
We recently saw a client from Douglas County (Castle Rock) charged with obstructing a peace officer because he would not open a gate for the police. Someone might also be charged with obstructing a peace officer if they refused to tell the officer what happened in an accident or where someone whom the officer is looking for went.
Other examples in places like Boulder County include:
- Refusal to give identification to the police
- Creating an obstacle for the police, such as locking a door
- Refusal to sign a traffic ticket
- Giving false information to an officer
- Refusing to give your name to an officer
- Refusal to vacate a residence after an eviction notice
- Hindering or using violence against an animal used by law enforcement
Obstructing A Peace Officer Penalty And Sentence In Jefferson County, Colorado
Because obstructing a peace officer charge in Colorado counties such as Jefferson County and Adams County is a class 2 misdemeanor, if you are charged, you could be facing anywhere from three to 12 months in jail, a $250–$1,000 fine, community service hours and likely probation.
There are many specific definition elements for a Denver, Colorado, police officer to prove before you can be convicted. The district attorneys of Weld County and Arapahoe County tend to overcharge the crime of obstruction. They usually think they have a better case than the facts support. You need to have a criminal lawyer who will fight for you and strive to achieve the best outcome possible.
Obstructing A Police Officer In Denver – What Should I Do If I Have Been Charged?
The criminal lawyers at O'Malley and Sawyer, LLC, will fight to defend you or your loved one against obstruction charges. 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.