Obstructing a Peace Officer, C.R.S. 18-8-104, is charged when a person threatens or uses physical force, obstacles, or violence to prevent a Greeley Police Officer or another first responder from performing their duties. Unfortunately, this definition is overbroad, resulting in overcharging by the Weld County Sheriff and other law enforcement entities. The best way to avoid being charged is to avoid escalation, but this is sometimes not always possible. For this reason, it is imperative that you understand your rights so that you know how to interact with law enforcement before you encounter a police officer or sheriff’s deputy.
1. Colorado’s Law on Obstructing a Peace Officer, C.R.S. 18-8-104
Colorado’s law on Obstructing a Peace Officer, C.R.S. 18-8-104, is as follows:
2. Penalties for Obstruction of a Police Officer at the Weld County Court
Obstruction of a Police Officer is a class 2 misdemeanor at the Weld County Court. Conviction can result in Weld County Jail time of up to 120 days and/or a maximum fine of $750. Important to note is that these maximum penalties are only for a single count of Obstruction. Some people often find themselves charged with other crimes stemming from the same incident, such as Resisting Arrest and Assault in the Third Degree. If you have been charged with multiple offenses and are subsequently convicted, you could face additional jail time and fines.
3. How Can I Avoid Obstructing a Peace Officer Charges in Greeley?
The best way to avoid Obstructing a Peace Officer charges is to cooperate with the Greeley Police. Unfortunately, this does not totally prevent the possibility of being charged with this offense. Obstruction is a broad, vaguely worded crime in Colorado law, and for that reason, we see people arrested and charged with this offense far too frequently. As much as it is within your power, though, be polite and cooperative.
What this does not mean is that you should forfeit your Fifth Amendment rights by talking to the Greeley Police or Weld County Sheriff. Nor does it mean that you can’t record any police encounters with your cell phone – your right to film public police encounters is protected by the First Amendment. But you also cannot get in the way of any law enforcement officers trying to perform their job duties, and you cannot threaten force or violence if you think that they are engaging in misconduct. You must also be in a public setting if you wish to film Greeley Police or another law enforcement officer.
Have you been charged with Obstructing a Peace Officer? Remember to always be smart, and exercise your right to stay silent. Never talk to the Greeley Police or Weld County Sheriff about your charges. Instead, get in contact with the top criminal lawyers from the O’Malley Law Office today at 970-616-6009 to discuss your case. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
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