Obstructing a peace officer in Colorado

What the charge means

Under C.R.S. 18-8-104, a person commits obstruction by using or threatening to use violence, force, physical interference, or an obstacle to knowingly obstruct, impair, or hinder a peace officer who is enforcing the law or keeping the peace while acting under color of official authority. The same statute protects firefighters, emergency medical service providers, rescue specialists, and certain volunteers doing their official duties.

Prosecutors must prove each of these pieces:

• A qualifying act. Violence, force, physical interference, or an obstacle, or a threat to use them. This is the heart of the charge.
• A knowing mental state. You knew what you were doing and that it would hinder the officer's work.
• An official function. The officer was enforcing the law or preserving the peace, acting under color of official authority.

The statute itself says a person may not be charged for remaining silent or for stating verbal opposition to an order. Arguing, criticizing, or filming an officer is not obstruction by itself. Common scenarios include stepping between an officer and the person being arrested, physically blocking officers from entering a scene, and refusing to move while making contact impossible. One more point people find unfair: it is not a defense that the officer was acting illegally, as long as the officer was acting under color of official authority in good faith.

Classification and sentencing

Obstructing a peace officer is a class 2 misdemeanor. Under Colorado's current misdemeanor sentencing law, C.R.S. 18-1.3-501 as revised by Senate Bill 21-271, a class 2 misdemeanor carries up to 120 days in jail and a fine of up to $750.

That range describes what applies only if the court imposes jail. Nothing in the statute mandates incarceration for this charge, so probation, a fine, useful public service, or another sentence is often possible. Repeat offenses within limited timeframes can affect how a court views sentencing, and obstruction is often filed alongside other charges such as resisting arrest or disorderly conduct, which shapes the overall exposure in a case.

What else it touches

A conviction creates a misdemeanor record that employers and landlords may see, and any conviction can raise questions for immigration status or professional licenses depending on the circumstances. On the brighter side, a class 2 misdemeanor conviction is generally eligible for record sealing after about two years if you stay conviction free and meet the other requirements, and a dismissal or acquittal can usually be sealed right away. In Colorado, we defend obstruction charges. A consultation is the place to get answers about your specific situation.