Obstructing a Peace Officer (or other emergency service personnel) is an easily charged crime in Greeley and Weld County. Basically, any time you give any push back to an officer, you can face this crime. Law enforcement will claim that your actions impeded their ability to do their job and you will end up charged. Let’s look at some Frequently Asked Questions related to Obstruction charges in Colorado.
How is Obstructing the Police Charged in Greeley?
The Greeley, Colorado law definition of Obstructing a Peace Officer, Firefighter, Emergency Medical Service Provider, Rescue Specialist, or Volunteer – 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.
(2) It is not a defense to a prosecution under this section that the peace officer was acting in an illegal manner, if he or she was acting under color of his or her official authority. A peace officer acts ”under color of his or her official authority“ if, in the regular course of assigned duties, he or she makes a judgment in good faith based on surrounding facts and circumstances that he or she must act to enforce the law or preserve the peace.
What is the Colorado Obstructing a Peace Officer Penalty?
Obstructing a Peace Officer, Firefighter, Emergency Medical Service Provider, Rescue Specialist, or Volunteer is a class 2 misdemeanor. This level misdemeanor is punishable by up to 120 days in the Weld County Jail along with fees and fines.
Can Exercising My Right to Remain Silent Get Me Charged with Obstructing a Peace Officer?
Under subsection (1.5) of the Obstruction statute:
Does this mean that officers never arrest someone for Obstructing because they refused to answer questions? Nope! But, at least there is a protection under the law.