Obstructing a Peace Officer in Douglas County
C.R.S. 18-8-104
Obstruction of a Peace Officer, Firefighter, Emergency Medical Services Provider, Rescue Specialist, or Volunteer charges occur in Douglas County if someone uses violence, force, physical interference or an obstacle to obstruct a peace officer, firefighter, emergency medical service provider, rescue specialist, volunteer or law enforcement animal from performing a lawful duty. Police charge this crime under many circumstances, such as when someone refuses to give police identification when pulled over. Simply making a police officer’s job more difficult can lead to charges of Obstruction of a Police Officer. A police officer’s “intent to arrest” is necessary to have in the prosecution for Obstructing a Peace Officer. Otherwise, it becomes difficult for the prosecution to prove that the police officer was “acting under color of his or her official authority,” and therefore not enough evidence for a conviction exists.
C.R.S. 18-8-104 – Obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer – Definition in Castle Rock, Colorado
(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.(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.
(2.5) If a person is alleged to have committed the offense described in subsection (1)(a) or (1)(b) of this section by using or threatening to use an unmanned aircraft system as an obstacle, the offense does not apply if the person who operates the unmanned aircraft system:
(a) Obtains permission to operate the unmanned aircraft system from a law enforcement agency or other entity that is coordinating the response of peace officers, firefighters, emergency medical service providers, rescue specialists, or volunteers to an emergency or accident;(b) Continues to communicate with such entity during the operation of the unmanned aircraft system; and(c) Complies immediately with any instructions from the entity concerning the operation of the unmanned aircraft system.
Charges for Obstruction in Parker, Colorado
Obstructing a Peace Officer, aka Obstruction, is a Class 2 Misdemeanor in Parker and throughout Douglas County. This means that if convicted, you will be facing 3-12 months in the Douglas County Jail and/or a fine between $250-$1,000.
Terms Explained:
“Emergency medical service provider” means a member of a public or private emergency medical service agency, whether that person is a volunteer or receives compensation for services rendered as such emergency medical service provider.”Obstacle” includes an unmanned aircraft system.”Rescue specialist” means a member of a public or private rescue agency, whether that person is a volunteer or receives compensation for services rendered as such rescue specialist.
Charged with Obstructing a Peace Officer Douglas County?
Call us at 303-265-1950
If you are facing charges for Obstructing a Peace Officer in Douglas County, contact the experienced criminal defense lawyers at Sawyer Legal Group today at 303-265-1950. Together, we can protect your future.