Denver Obstruction Lawyer

Obstruction charges have a way of appearing alongside other charges, almost as an afterthought, but they carry real weight in Colorado courts. A person stopped during a traffic investigation who gives a false name, a witness who refuses to cooperate, someone who physically blocks an officer from making an arrest — all of these situations can generate an obstruction charge that follows a person long after the underlying incident is resolved. Reid DeChant, Denver obstruction lawyer at DeChant Law, has handled criminal charges across Denver, Adams County, Broomfield, and the surrounding metro area, including cases where obstruction was the central charge and cases where it was added on to create additional leverage.

What Colorado Actually Criminalizes Under “Obstruction”

Colorado’s obstruction statutes cover a broader range of conduct than most people expect. C.R.S. 18-8-104 governs obstruction of a peace officer and applies when someone uses or threatens to use violence, force, or physical interference to prevent an officer from performing a lawful duty. That statute also reaches conduct like giving false information to law enforcement, which is where a lot of Denver obstruction cases originate.

Obstruction of justice under C.R.S. 18-8-102 is a separate charge and typically involves conduct aimed at impeding a criminal proceeding itself, such as destroying evidence, tampering with witnesses, or making false reports. These are often felony-level charges depending on the severity of the underlying proceeding being obstructed.

Then there is resisting arrest under C.R.S. 18-8-103, which is frequently charged alongside obstruction but is technically distinct. Resisting arrest involves using physical force against an officer making an arrest, while obstruction can apply to a much wider set of circumstances. Prosecutors sometimes charge both, which requires a defense that addresses each count on its own terms rather than treating them as interchangeable.

The practical consequence of this range is that obstruction charges in Denver can arrive as a class 2 misdemeanor, a class 1 misdemeanor, or a felony, depending entirely on what conduct is alleged and what the officer was doing at the time. The classification matters enormously for sentencing exposure, record sealing eligibility, and the strategy used to defend the case.

The “Lawful Duty” Element and Why It Actually Gets Litigated

Obstruction of a peace officer requires that the officer was performing a lawful duty at the time of the alleged interference. That element is not a formality. It is a genuine contested issue in a meaningful number of Denver obstruction cases.

Officers exceed their authority. Stops lack reasonable suspicion. Arrests happen without probable cause. Detentions extend beyond what the law permits. When any of these things occur, the underlying conduct that gets labeled obstruction may not meet the legal definition because the officer was not engaged in a lawful function at that moment.

Colorado courts have addressed the boundaries of this element, and it gives defense counsel real ground to contest charges that would otherwise seem straightforward on paper. If a Denver Police Department officer stops someone without the legal basis to do so, and that person refuses to comply or walks away, the legal analysis changes significantly. That is not a technicality, it is the statute functioning as intended.

Reid’s background handling cases across multiple Denver metro jurisdictions, including time as a public defender in Denver, Adams County, and Broomfield, means this kind of analysis is built into how he approaches each case from the start, not something added on later as an afterthought.

Obstruction Added On: When Prosecutors Use It as a Pressure Tool

One pattern that shows up regularly in Denver criminal cases is obstruction charged alongside a primary offense as a way to increase pressure on a defendant to accept a plea. A DUI stop where the driver argued with an officer, a domestic disturbance where someone tried to stop police from entering, a drug arrest where the suspect gave a wrong name — in each scenario, prosecutors may stack an obstruction count on top of the original charge.

This matters for negotiation. Facing two charges instead of one changes how a plea offer looks, even when the second charge was added primarily to create leverage. Defense counsel who understand this pattern can push back against it effectively, whether by challenging the basis for the obstruction count directly, negotiating its dismissal in exchange for a resolution on the primary offense, or taking the case to trial with a clear-eyed argument that the conduct did not meet the statute’s requirements.

DeChant Law’s results page includes dismissals and not guilty verdicts in cases across multiple charge categories, including assault, DUI, and domestic violence matters where the case eventually went to trial. Trial readiness is not a threat used to drive up fees. It is the actual posture that makes negotiations meaningful.

What Happens to Your Record if You’re Convicted

Colorado’s record sealing statutes treat different conviction categories differently. A conviction for obstruction of a peace officer, a class 2 misdemeanor, becomes eligible for sealing after a waiting period once all sentence conditions are completed. A felony obstruction conviction carries a much longer waiting period and may create complications with employment, housing, and professional licensing during that window.

Beyond sealing timelines, an obstruction conviction can affect specific professional situations that clients may not immediately anticipate. Commercial drivers holding a CDL face scrutiny when any criminal conviction appears on their record. People with professional licenses in healthcare, law, education, or finance may face reporting obligations and potential disciplinary proceedings. Non-citizens face a separate and more serious analysis entirely, since a conviction for an offense involving dishonesty or interference with law enforcement can have immigration consequences that a Colorado court is not required to warn about.

None of this means an obstruction charge automatically leads to disaster. It means the full picture has to be assessed early, with someone who understands what a conviction actually costs beyond the immediate fine or sentence.

Questions People Have When Facing Obstruction Charges in Denver

Can I be charged with obstruction just for arguing with a police officer?

Verbal argument alone, including using profanity or expressing strong disagreement with an officer, is generally protected speech under the First Amendment and does not meet the definition of obstruction in Colorado. Obstruction requires physical interference, force, or a false statement that actually impedes the officer’s lawful duties. That said, the line between heated speech and conduct that crosses into physical interference can get blurry in the moment, which is exactly why the specific facts of each incident matter when evaluating the charge.

What is the difference between obstruction and resisting arrest?

Resisting arrest under Colorado law specifically applies to using or threatening physical force against an officer who is making an arrest. Obstruction is broader and can apply outside of an arrest situation entirely, including during investigations, detentions, or other law enforcement activities. Both are charged as class 2 misdemeanors in most circumstances, but they are distinct statutes with distinct elements, and a defense strategy has to address each separately.

Does it matter if the underlying arrest or stop was illegal?

Yes. If the officer was not engaged in a lawful function at the time of the alleged obstruction, that element of the offense cannot be satisfied. An unlawful detention, a stop without reasonable suspicion, or an arrest without probable cause can all provide grounds to challenge whether obstruction actually occurred as a matter of law. This is one of the more substantive defenses available in these cases and one that gets litigated in Colorado courts.

Will an obstruction charge affect my immigration status?

Potentially, yes. Non-citizen residents, including lawful permanent residents and visa holders, should treat any criminal charge that involves allegations of dishonesty or interference with government functions with particular seriousness. The immigration consequences of a criminal conviction are not always addressed by the criminal court, and they can include removal proceedings or inadmissibility findings that outlast any criminal sentence.

Can obstruction charges be dismissed before trial?

Yes. Dismissal before trial happens for a variety of reasons in Denver obstruction cases. Charges are sometimes dropped because the evidence does not support the elements of the offense, because the stop or detention underlying the charge was itself unlawful, because witness accounts conflict with the officer’s report, or because the prosecution decides the charge lacks merit after further review. A motion to dismiss, a successful suppression hearing, or a negotiated resolution with the prosecution can all lead to dismissal before a case reaches trial.

What should I do if obstruction was added on top of another charge?

Do not assume the added charge is minor or that it will resolve itself. An obstruction count creates additional exposure and complicates sentencing if you are convicted on the primary charge. It also affects how plea offers get structured. The right move is to have both charges evaluated together from the beginning so that any resolution accounts for the full picture.

Is obstruction of justice different from obstruction of a peace officer in Colorado?

Yes, they are separate statutes with different elements and different penalty levels. Obstruction of a peace officer under C.R.S. 18-8-104 generally applies to conduct directed at an officer in the field. Obstruction of justice under C.R.S. 18-8-102 applies to conduct aimed at impeding a judicial proceeding or official investigation and can be charged as a felony. The distinction has significant consequences for how a defense is built and what the sentencing exposure looks like.

Talk to a Denver Obstruction Attorney Before This Gets Complicated

Obstruction charges move quickly through the Denver court system, and the decisions made early, including what you say and to whom, shape how a case develops. Whether you are dealing with a standalone obstruction charge or one that was added alongside something else, Reid DeChant at DeChant Law will look at the actual conduct alleged, the officer’s conduct, the lawfulness of the underlying stop or detention, and what the full record and professional consequences of this charge could mean for your specific situation. Contact DeChant Law to talk through where things stand with a Denver obstruction attorney who has actually litigated these cases.