In Colorado, the charge of Obstructing a Peace Officer is broader than many people realize. You don’t have to physically resist arrest to be charged — even interfering verbally or failing to cooperate during a lawful investigation could lead to criminal charges.
What Does It Mean to Obstruct a Peace Officer in Larimer County, Colorado?
Under Colorado Revised Statutes § 18-8-104, it’s a crime to:
In simpler terms, if you knowingly get in the way of a police officer or emergency responder doing their job, even without violence, you could be arrested and charged.
Common Examples of Obstruction of a Peace Officer in Fort Collins
While this law was likely originally intended to penalize active resistance, it’s often applied in a wide range of situations, including:
- Arguing with or distracting officers during an arrest
- Physically blocking access to a scene or suspect
- Giving false information (name, birthdate, etc.)
- Refusing to leave a crime scene after being ordered to
- Recording police officers while interfering with their duties
- Encouraging someone else to avoid arrest
You don’t need to throw a punch or run from police to be charged. Even passive resistance can qualify as Obstruction if the officer believes it interfered with their duties.
Legal Elements the Prosecutor Must Prove in an Obstructing a Police Officer Case: A Fort Collins Criminal Defense Attorney Explains
To convict you of Obstructing a Peace Officer, the state must prove beyond a reasonable doubt that:
- You knew the person was a peace officer or emergency responder,
- You knowingly obstructed, impaired, or hindered them, and
- You did so while they were performing official duties.
If any of these elements are missing, for example, if the officer was acting unlawfully or the obstruction was unintentional, the charge may not hold up in court.
Penalties for Obstructing a Police Officer in Estes Park, Colorado
Obstruction is generally charged as a Class 2 misdemeanor in Loveland and Estes Park, which carries:
- Up to 120 days in jail, and
- Fines up to $750
In some cases, Obstruction may be charged alongside more serious offenses, such as Resisting Arrest, Assaulting an Officer, or Disorderly Conduct, which can significantly increase potential penalties.
Even if the charge seems “minor,” a conviction could affect your employment, housing, immigration status, and more.