In Fort Collins and Larimer County, people often think that Obstructing a Peace Officer is charged when someone does ANYTHING to prevent an officer from getting what they want. But, that’s not actually the case. We have had clients say that they were worried they would be charged with Obstruction if they didn’t talk with the officer while being questioned. So, is refusing to answer questions an action that could get you charged with Obstructing a Police Officer? Let’s take a look at the statute to find out.
Larimer County Obstructing a Peace Officer Lawyer: Definition of Obstructing a Police Officer and Refusing to Answer Questions in Colorado
The Larimer County, Colorado law definition of Obstructing a Peace Officer – C.R.S. 18-8-104 – is:
(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.
While the statute has some vague language that makes it easy to charge this crime, there is one specific aspect that must be present in order to arrest someone for Obstructing – something physical. The statute lists out violence, force, physical interference or an obstacle (or threatening the use of any of those) must have occurred in order to charge this crime. Simply not talking would not meet the standard of this crime. If, however, you refused to answer questions but made threatening statements, that would be another story.
The statute actually addresses this very issue in section (1.5):
Sentence for Obstructing a Peace Officer in Loveland and Estes Park
In Fort Collins, Loveland and Estes Park, Obstructing a Peace Officer is a class 2 misdemeanor. This level misdemeanor is punishable by up to 120 days in the Larimer County Jail and up to $750 in fines.
If you or someone you love has been charged with Obstructing a Police Officer, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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