Fort Collins Obstructing a Police Officer Attorney
Is Refusing to Answer Questions Obstructing a Peace Officer in Colorado?

Click here to learn if refusing to answer questions can get you charged with Obstructing a Peace Officer in Fort Collins, Colorado.

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:

(1)(a) A person commits obstructing a peace officer, firefighter, emergency medical service 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.

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):

A person shall not be charged with the offense described in subsection (1) of this section because the person remained silent or because the person stated a verbal opposition to an order by a government official.

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.

Photo by Sound On