What is Obstruction of a Police Officer?
Obstruction of a Peace Officer is charged whenever a person: “Uses or threatens to use violence, force, physical interference or an obstacle, and such person knowingly obstructs, impairs or hinders the enforcement “of the penal law or the preservation of the peace, or the control or abatement of a fire, by a peace officer or firefighter, acting under color of his or her official authority. This crime is related to the charge of Resisting Arrest in Denver or Douglas County; however, the difference is that the individual committing the obstruction is not the one being arrested.
Obstruction is related to Resisting Arrest: The difference is that the person committing obstruction is not the person being arrested.
Examples of Obstruction of a Peace Officer:
- Being Verbally Abusive to Officers
- Preventing Firefighters from Doing Their Job
- Refusing to Leave an Area When Asked by a Police Officer or Firefighter
- Questioning or arguing about a Ticket or Other Offense
- Hindering an Officer from Making an Arrest
- Crossing the Yellow Tape
- Not Allowing the Police Entrance Into Your Home
Not allowing the police entrance into your home can be seen as Obstruction.
Respect Is Key When Interacting with the Police
When a peace officer of any kind (police, sheriff, or firefighter) in Arapahoe County is trying to do his or her job, we recommend you give them clearance. Even if you are not willing to assist them in their task when asked, please refrain from making their job difficult or frustrating. Getting in their way could give them cause to arrest you for Obstruction.
Consequences and Sentence for Obstructing An Officer
When an individual is accused of allegedly hindering a peace officer in Adams County, the District Attorney charges them with a class 2 misdemeanor. If the defendant is found guilty by a judge or jury, they will be sentenced to a minimum jail term of three to twelve months. The judge can grant probation based on certain factors such as: Prior experience, actual offense, or the existence of a criminal record. The judge will take all these circumstances into consideration when handing down the verdict.
When a police officer is the “victim” in your case, you need to work with an attorney to create the best defense possible.
Criminal Defense Attorneys: The O'Malley & Sawyer Law Office
If you or a loved one has been accused of Obstructing a Peace Officer in Jefferson County or anywhere in Colorado, contact the skilled attorneys at O'Malley and Sawyer, LLC for a free consultation. We will sit down with you and discuss the particulars of your case. If hired, we will formulate an aggressive defense that protects your rights. You need an advocate in court. When the “victim” of a crime is a police officer, you need to have a strong defense in place to fight the charges against you.
Colorado Obstructing a Peace Officer, Firefighter, Emergency Medical Services Provider, Rescue Specialist, or Volunteer Statute – C.R.S. 18-8-104
“A person commits obstructing a peace officer, firefighter, emergency medical services provider, rescue specialist, or volunteer when, by using or threatening to use violence, force, physical interference, or an obstacle, such person knowingly obstructs, impairs, or hinders the enforcement of the penal law or the preservation of the peace by a peace officer, acting under color of his or her official authority; knowingly obstructs, impairs, or hinders the prevention, control or abatement of fire by a firefighter, acting under color of his or her official authority; knowingly obstructs, impairs, or hinders the administration of medical treatment or emergency assistance by an emergency medical service provider or rescue specialist, acting under color of his or her official authority; or knowingly obstructs, impairs, or hinders the administration of emergency care or emergency assistance by a volunteer, acting in good faith to render such care or assistance without compensation at the place of an emergency or accident. (b) To assure that animals used in law enforcement or fire prevention activities are protected from harm, a person commits obstructing a peace officer or firefighter when, by using or threatening to use violence, force, physical interference, or an obstacle, he or she knowingly obstructs, impairs, or hinders any such animal.”