Fort Collins Obstructing a Police Officer Attorney | Fort Collins Police Officer’s Use of Force Questioned

A woman was arrested for Obstructing a Police Officer in Fort Collins, only the actions of the officer are under question for excessive force. Read more here.
A woman was arrested for Obstructing a Police Officer in Fort Collins, only the actions of the officer are under question for excessive force. Read more here.
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As Old Town Fort Collins is heavy with bars, it can also become heavy with drunk people. This keeps the Fort Collins Police on their toes as they are called for bar fights, refusing to leave a bar, and even harassing a bouncer or two. While normally these interactions end with a citation or summons to the Fort Collins Municipal Court or even the Larimer County Court depending on how the officers decide to write the ticket, sometimes, arrests are made.

Excessive Force by Fort Collins Police? You Be the Judge

One particular arrest went viral this weekend after a video was posted showing a FoCo officer throwing a woman to the ground and arresting her. According to the news report, the police had been called to Bondi Beach Bar over a disturbance between two men. While questioning witnesses, the girlfriend of one of the men involved tried to pull her boyfriend from the area. She was told to leave, but that her boyfriend had to stay. It was alleged she then obstructed the officer and had physical contact with him. He, in turn, threw her to the ground and arrested her. (View the video here).  Now, the Fort Collins police are facing scrutiny for this officer’s actions, as some believe the amount of force used was over the top.  Nevertheless, the woman did go to the Larimer County Jail and was charged with misdemeanor Assault and Obstructing a Police Officer.

Larimer County Obstructing a Peace Officer Lawyer: What is the Definition of Obstructing a Police Officer?

The Colorado law definition of Obstructing a Peace Officer, Firefighter, Emergency Medical Services Provider, Rescue Specialist, or Volunteer – C.R.S. 18-8-104 – is:

(1) (a) A person commits obstructing a peace officer, firefighter, emergency medical services 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.

Basically, Obstructing a Police Officer is charged when a person intervenes and hinders a police officer in Fort Collins, Loveland, and Estes Park while they are acting within their official capacity. So, by getting into a verbal and physical altercation with the officer while he was trying to conduct an investigation, the officer alleged that she hindered him and she was charged with this crime.

What is the Sentence / Punishment for Obstruction of a Police Officer?

As a class 2 misdemeanor in Larimer, Boulder, and Grand County, Obstruction of a Peace Officer is punishable by 3 to 12 months in the Larimer County Jail and up to $1,000 in fines. Crimes against police officers are treated very seriously in Larimer County, as the DAs rely on the Fort Collins Police, Colorado State University Police at CSU, and Larimer County Sheriff Deputies to help them with cases. Don’t face the DA alone when charged with a police involved crime.

If you or someone you love has been arrested for Obstructing a Police Officer or another police involved crime, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.