Interactions with law enforcement can escalate quickly, especially when emotions run high. What starts as a misunderstanding can turn into an arrest for obstructing a peace officer.
In Colorado, this charge covers a broad range of actions, from physical resistance to verbal interference. Unfortunately, many people accused of obstruction never intended to break the law—they reacted in the moment.
At The Leier Law Office, LLC, we know how frightening it is to be accused of obstructing or resisting an officer. The uncertainty of what comes next, combined with the fear of losing your reputation, can feel overwhelming.
We’re here to help you understand what the law actually says and how courts interpret these cases. Our firm serves clients throughout Fort Collins, Colorado, as well as Loveland, Greeley, Windsor, and Evans, Colorado. Our criminal defense attorney, Kent J. Leier, provides straightforward guidance and strong advocacy for anyone facing obstruction-related charges. Reach out to us today to discuss your case and learn what options you have for defense.
What “Obstructing a Peace Officer” Really Means in Colorado
Under Colorado law, obstructing a peace officer refers to threatening to use violence, force, physical interference, or an obstacle, the individual intentionally hinders, delays, or interferes with an officer performing official duties. That includes police officers, firefighters, and emergency personnel. It doesn’t take much for an interaction to be interpreted as obstruction—sometimes, hesitation or confusion is mistaken for resistance.
Something as minor as stepping between an officer and another person, refusing to provide identification, or questioning an order can lead to an arrest. While the law is meant to protect officers from interference, its broad wording means that ordinary citizens sometimes face charges for behavior that wasn’t aggressive or threatening.
Our role as your criminal defense attorney is to show the court that hesitation or verbal disagreement isn’t the same as obstruction. Everyone has the right to ask questions and protect themselves from unreasonable treatment.
Common Situations That Lead to Obstruction Charges
People are charged with obstruction in many everyday situations. Often, they involve moments of confusion or stress rather than intentional defiance. Frequent scenarios include:
Verbal disputes: Questioning police authority, expressing frustration, or arguing during a tense stop.
Failure to comply: Not following orders quickly enough or misunderstanding directions.
Physical movement: Backing away, pulling a hand free, or trying to walk away before being told to stop.
Recording incidents: Filming officers in public spaces—something generally protected by law but occasionally misinterpreted as interference if it interferes with an officer securing a scene.
Helping others: Attempting to comfort or assist someone being detained.
Each of these situations can look different from the officer’s perspective than it does to the accused. Courts must decide whether the person’s behavior truly interfered with law enforcement duties.
Our criminal defense attorney examines every detail of the encounter, including body-cam footage, witness statements, and officer reports, to demonstrate what really happened.
How Courts Evaluate Resistance and Noncompliance
When a case reaches court, prosecutors and judges consider both behavior and intent. Simply being upset or questioning an officer isn’t automatically obstruction. The law requires that the person knowingly interfere with lawful duties. Judges often look at three main elements:
Intent: Did the person act willfully, or was it confusion or fear?
Lawfulness of police action: Was the officer performing a legal duty? If not, obstruction may not apply.
Degree of interference: Did the behavior actually prevent the officer from carrying out their work?
Colorado courts generally draw a line between verbal disagreement and active resistance. Physical actions—like pulling away or blocking movement—are more likely to result in conviction. Still, context matters. A raised voice or delayed response shouldn’t automatically be viewed as defiance.
Our criminal defense attorney uses these legal distinctions to challenge how the prosecution characterizes your behavior. Sometimes, what’s labeled as resistance is simply a human reaction under pressure.
The Fine Line Between Noncompliance and Self-Protection
Many obstruction cases arise from moments when people instinctively protect themselves. For example, pulling your arm away when suddenly grabbed or stepping back when surrounded by officers can be seen as defensive, not obstructive.
Courts recognize that individuals have constitutional rights during police encounters, including the right to remain silent and the right to avoid unreasonable searches. Exercising those rights isn’t an obstruction. However, asserting them too firmly can sometimes be misinterpreted.
We help clients explain their actions clearly. Our goal as your criminal defense attorney is to present your side of the story in a way that shows respect for law enforcement while emphasizing your right to protect yourself.
Possible Penalties for Obstructing a Peace Officer
Obstructing a Peace Officer is a misdemeanor in Colorado, but the penalties can still be serious. Depending on the circumstances, a conviction may include:
Fines: A fine of up to $750
Jail time: Up to 120 days in the county jail
Criminal record: A permanent mark that can affect job opportunities or housing.
Community service or probation: Additional court-ordered obligations.
For people already on probation or parole, an obstruction charge can also trigger violations that lead to harsher penalties. Even without jail time, having a criminal record for obstruction can impact professional licensing or background checks.
That’s why it’s so important to consult with a seasoned criminal defense attorney early in the process. Prompt legal representation can influence how prosecutors charge the offense and may lead to reduced penalties or dismissal.
Defenses Available in Obstruction Cases
Every obstruction case is different, but several defenses are commonly raised. Each depends on the facts and the evidence available. Typical defenses include:
Unlawful police conduct: If the officer wasn’t acting within legal authority, obstruction laws might not apply.
Lack of intent: The accused didn’t deliberately interfere.
Free-speech protection: Words alone, without physical interference, may be protected under the First Amendment.
Self-defense: Physical reaction was a reflex to protect oneself from harm.
Insufficient evidence: The officer’s account lacks support from video or witnesses.
Before determining which defense works best, our criminal defense attorney reviews the evidence and interviews witnesses. We also analyze whether police followed proper procedure, including the requirement to identify themselves and state the reason for detention. When law enforcement fails to meet these standards, it can significantly strengthen your defense.
The Use of Video and Witness Testimony
Modern technology plays a major role in obstruction cases. Body-worn cameras, security footage, and bystander videos often provide context that written reports omit. Witnesses can also describe tone, distance, and body language—details that influence how resistance is perceived.
We regularly obtain and review all available footage before developing a defense. If the video contradicts the officer’s account, it can create reasonable doubt or lead to dismissal. Eyewitnesses can further confirm that the accused didn’t behave aggressively or obstructively.
By combining video evidence with credible testimony, our criminal defense attorney helps show the full story—not just the official version.
How We Approach Obstruction Cases
At The Leier Law Office, LLC, we approach obstruction charges with precision and empathy. We start by learning every detail about the encounter and what led to it. From there, we evaluate whether your rights were respected, whether the officer acted lawfully, and whether any statements you made can be challenged.
Our experienced criminal defense attorney, Kent J. Leier, takes a thoughtful, evidence-based approach to each case. We communicate directly with clients, prosecutors, and the court to pursue resolutions that minimize long-term harm. Whether that means negotiating reduced penalties or taking the case to trial, we remain focused on protecting your record.
Clients across the Fort Collins area rely on us to help them regain peace of mind after an arrest. We understand that good people can find themselves in difficult circumstances—and we’re here to help them move forward.
Reliable Legal Representation
If you’re facing charges for obstructing a peace officer, you don’t have to handle it alone. At The Leier Law Office, LLC, located in Fort Collins, Colorado, we represent clients throughout Fort Collins, Loveland, Greeley, Windsor, and Evans, Colorado, providing the guidance and advocacy needed to protect your rights.
Our criminal defense attorney, Kent J. Leier, is ready to review your case and build a defense based on facts—not assumptions. Obstruction charges may seem straightforward, but context matters, and the truth should be heard. Reach out to The Leier Law Office, LLC today to schedule a consultation and take the first step toward protecting your future.
