18-8-104 Colorado Criminal Defense Attorneys in Colorado

Have you been charged with the crime § 18-8-104 18-8-104 Colorado? This is a serious charge and demands immediate legal representation and guidance. The Law Offices of Decker & Jones know how to successfully defend a §18-8-104 18-8-104 Colorado charge in the State of Colorado to protect your innocence.

What to do if Charged?

1. Do not contact the accuser

You may be tempted to contact the accuser to try and resolve the issue directly. Do not contact the accuser. All correspondence before and after the incident can and will be used against you. A lawyer should be representing you in all stages to ensure that nothing hurts the defense case.

2. Do not destroy evidence

You may think that destroying any evidence in your possession will help your defense case. However tampering with evidence will almost always backfire against the defendant. Prosecutors have many resources to recover evidence that you think has been completely destroyed. When the evidence is presented in negotiations or at trial, it will make you look more guilty if you tried to destroy it beforehand. Tampering with evidence is also a crime in itself, which can be added on top of the sentence you could receive for 18-8-104 Colorado

3. Contact an experienced attorney

When you are charged with 18-8-104 Colorado, it is critical to exercise your right to an attorney. Your life is on the line and The Law Offices of Decker & Jones are prepared to defend your case. Contact us immediately at 303-573-5253 – even if you have not been charged yet. You need a defense team working in your corner to combat the prosecution ASAP.

The Basics Of § 18-8-104 18-8-104 Colorado

See below to read the law pertaining to § 18-8-104 18-8-104 Colorado

The Law

Reference the definitions from § 18-8-104 for details on the terminology

Definitions

Decker & Jones will help you understand how the law pertains to your case

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§ 18-8-104

(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.

<Text of (1.5) effective March 1, 2022>

(1.5) A person shall not be charged with the offense described in subsection (1) of this section because the person remained silent or because the person stated a verbal opposition to an order by a government official.

(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.

(3) Repealed by Laws 1983, H.B.1340, § 23.

(4) Obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer is a class 2 misdemeanor.

(5) For purposes of this section, unless the context otherwise requires:

(a) “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.

(b) “Obstacle” includes an unmanned aircraft system.

(c) “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.

§ 18-8-101 Definitions

As used in this article, unless the context otherwise requires:

(1) “Government” has the same meaning as described in section 18-1-901(3)(i).

(2) “Governmental function” has the same meaning as described in section 18-1-901(3)(j).

(2.5) “Peace officer” has the same meaning as described in section 16-2.5-101, C.R.S.

(3) “Public servant” has the same meaning as described in section 18-1-901(3)(o).

Free Legal Consultation Regarding Charge § 18-8-104 18-8-104 Colorado

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