Our top criminal defense lawyers advise that you could be charged with Obstructing a Peace Officer, C.R.S. 18-8-104, if you prevent a police officer, or other responder from performing his duties. Last year, a Colorado county clerk and recorder Tina Peters was charged with Obstructing a Peace Officer when she refused to allow DA investigators – who had a search warrant – to search her iPad. She was subsequently sentenced to 4 months of home detention and 120 hours of community service. Below, the criminal defense attorneys at the O’Malley Law Office discuss Obstructing a Greeley Police Officer charges:
1. Greeley Definition of Obstructing a Peace Officer, C.R.S. 18-8-104
In Greeley, Colorado, Obstructing a Peace Officer, Firefighter, or Emergency Medical Service Provider, C.R.S. 18-8-104, is defined as:
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.
Essentially, Obstructing a Peace Officer is charged when someone acts in a way that prevents a police officer, firefighter, EMT, or other first responder from performing their job duties. This also includes animals assisting responders, such as K9 unit dogs, and non-personnel volunteers acting in good faith to render medical aid.
2. Evans and Eaton Examples of Obstruction of a Police Officer
There are several different ways someone can be charged with Obstruction of a Police Officer in Evans and Eaton. Some examples include:
- Shoving a police officer who is investigating a traffic accident
- Threatening an EMT who is rendering medical aid to a shooting victim
- Hitting a K9 unit dog
- Threatening a volunteer (who is not EMS personnel) providing medical assistance to a victim at the scene of a car accident
Any attempt to keep police or other first responders from performing their job duties can result in Obstructing a Peace Officer charges. It does not matter if you only threatened to use force, but never actually hurt or used force against the Police Officer. If the act was intended to hinder a peace officer from effectively performing his or her job, it is grounds for Obstruction charges.
3. Greeley Charges Similar to Obstructing a Peace Officer
In Greeley, a person charged with Obstructing a Peace Officer can also be charged with a similar crime, depending on the circumstances. These charges may include, but are not limited to:
- Resisting Arrest, C.R.S. 18-8-103 – This offense is charged when a person attempts to prevent his own or another’s arrest by using threats or physical force.
- False Reporting to Authorities, C.R.S. 18-8-111 – False Reporting can be charged for providing false information to a Greeley Police Officer.
These statutes seek to penalize those who prevent law enforcement officers from arresting or investigating an individual. While it may be tempting to try to hinder a peace officer – particularly if you or someone you love has been arrested – this will only result in criminal charges. It is always best to consult an experienced criminal defense attorney if you believe you have been falsely accused of a crime.
4. Penalties for Obstructing a Peace Officer at the Weld County Courts
Obstructing a Peace Officer is a class 2 misdemeanor in Weld County, with penalties imposed by the Weld County Courts including a maximum of 120 days at the Weld County Jail and / or a fine of $750. Because the penalties are less severe than those of other crimes, it may seem unnecessary to hire a top criminal defense attorney to defend an Obstructing a Peace Officer charge. However, it is still in your best interest to do so – especially if you have been charged with other crimes as well. The consequences of even a misdemeanor conviction can be far-reaching and affect your ability to find a job or housing. Don’t risk your freedom or finances for an Obstruction charge, and contact a top criminal defense lawyer today.
Have you been charged with Obstructing a Peace Officer? Exercise your right to remain silent, and refrain from talking to Greeley Police or the Weld County Sheriff. Then get in contact with an experienced criminal defense lawyer at the O’Malley Law Office today at 970-616-6009 to talk about 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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