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Obstruction of Justice

Obstruction of justice refers to any action that interferes with the lawful duties of law enforcement officers, court officials, or public servants in Colorado. This broad category includes a variety of offenses, such as resisting arrest, tampering with evidence, lying to investigators, and helping a suspect evade police. However, not every action that impedes an investigation is an intentional obstruction of justice – many people have been charged with obstruction of justice by angry or uninformed members of law enforcement when they are simply trying to protect their rights.

Because obstruction of justice directly impacts the criminal justice system, Colorado strictly prosecutes these offenses. Depending on the circumstances, obstruction-related crimes can range from misdemeanors to felonies, with penalties including lengthy jail or prison time and hefty fines.

Denver Obstruction of Justice Attorney

If you or someone you know has been charged with obstruction of justice, you need to contact an experienced criminal defense lawyer today. The Law Office of Matthew A. Martin, P.C. provides legal representation to those charged with resisting arrest, obstructing a police officer, evidence and witness tampering, and other charges related to the obstruction of justice.

Contact the Law Office of Matthew A. Martin, P.C. today at (303) 725-0017 for a confidential consultation and take the first steps toward protecting your rights. Matthew Martin represents clients throughout the state of Colorado, including the city of Denver in Denver County, and the surrounding areas in the Front Range region including: Brighton in Adams County, Centennial and Littleton in Arapahoe County, Castle Rock in Douglas County, Golden in Jefferson County, and Boulder and Longmont in Boulder County.

Overview of Obstruction of Justice Charges

Types of Obstruction Crimes
Penalties for Obstruction of Justice Crimes
Defenses to Obstruction of Justice Crimes
Frequently Asked Questions
Hire an Attorney for Obstruction of Justice Charges

Obstruction of Justice Crimes in Colorado

Resisting Arrest (CRS 18-8-103)

Resisting arrest occurs when someone actively prevents a law enforcement officer from making an arrest. This can include:

Physically struggling or pulling away from an officer
Threatening or using force against an officer
Encouraging others to interfere with the arrest

Obstructing a Peace Officer, Firefighter, or Emergency Medical Services (CRS 18-8-104)

This law applies when a person knowingly impairs, hinders, or interferes with a public official performing their lawful duties. Examples include:

Blocking police officers, firefighters, or EMTs from performing their job
Providing false information to law enforcement
Refusing to comply with lawful orders

Accessory to a Crime (CRS 18-8-105)

A person can be charged as an accessory if they help, harbor, or conceal a suspect after a crime has been committed. This can include:

Hiding a suspect from law enforcement
Providing false alibis or misleading police
Destroying or hiding evidence

Tampering with Evidence (CRS 18-8-610)

It is illegal to alter, destroy, or hide evidence to interfere with an investigation. Examples include:

Flushing drugs or throwing away weapons
Deleting important digital files related to a case
Destroying security camera footage

Perjury (CRS 18-8-502 & CRS 18-8-503)

Perjury occurs when someone intentionally lies under oath during a legal proceeding. This includes:

False testimony in court
Lying on official documents, such as affidavits or sworn statements

Witness Tampering (CRS 18-8-707)

Tampering with a witness involves threatening, coercing, or bribing someone to lie or withhold testimony in a legal proceeding.

False Reporting to Authorities (CRS 18-8-111)

Falsely reporting a crime or providing misleading information to law enforcement is illegal. This includes:

Calling 911 to make a fake report
Providing police with false names or addresses
Lying about an incident to initiate an investigation.

Penalties for Obstruction of Justice in Colorado

Offense	Classification	Potential Penalties
Resisting Arrest	Class 2 Misdemeanor	Up to 120 days in jail, fines up to $750
Obstructing a Peace Officer	Class 2 Misdemeanor	Up to 120 days in jail, fines up to $750
Accessory to a Felony	Class 4 Felony	2 to 6 years in prison, fines up to $500,000
Tampering with Evidence	Class 6 Felony	1 to 1.5 years in prison, fines up to $100,000
First-Degree Perjury	Class 4 Felony	2 to 6 years in prison, fines up to $500,000
Witness Tampering	Class 4 Felony	2 to 6 years in prison, fines up to $500,000
False Reporting	Class 2 Misdemeanor	Up to 120 days in jail, fines up to $750

Frequently Asked Questions

What is considered obstruction of justice in Colorado?

Obstruction of justice refers to any action that interferes with law enforcement, court proceedings, or public officials carrying out their duties. This can include resisting arrest, lying to investigators, tampering with evidence, witness intimidation, or aiding a suspect in evading law enforcement.

What are the penalties for obstruction of justice in Colorado?

Penalties depend on the specific offense. Some common obstruction-related charges and their penalties include:

Resisting arrest (Class 2 misdemeanor) – Up to 120 days in jail and/or a fine of up to $750.
Tampering with evidence (Class 6 felony) – 1 to 1.5 years in prison and fines up to $100,000.
Perjury (Class 4 felony) – 2 to 6 years in prison and fines up to $500,000.
Accessory to a felony (Class 4 felony) – 2 to 6 years in prison and fines up to $500,000.

Can I be charged with obstruction of justice for refusing to talk to police?

No. You have a constitutional right to remain silent and are not required to answer police questions. However, lying to law enforcement or providing false information could lead to obstruction-related charges.

Can I be arrested for interfering with an arrest or investigation?

Yes. Physically interfering with an arrest, blocking an officer from performing their duty, or refusing lawful orders from law enforcement can result in an obstructing a peace officer charge (Class 2 misdemeanor).

What if I unknowingly destroyed evidence?

To be convicted of tampering with evidence, the prosecution must prove that you intentionally altered, destroyed, or hid evidence to interfere with an investigation. If the destruction was accidental or unintentional, you may have a valid defense.

Can I be charged with obstruction for helping a friend who is wanted by the police?

Yes. If you hide, transport, or assist someone in avoiding arrest, you could be charged as an accessory to a crime. If the person was wanted for a felony, aiding them is a Class 4 felony, punishable by 2 to 6 years in prison.

Is perjury always a felony in Colorado?

Not always.

First-degree perjury (lying under oath in court) is a Class 4 felony.
Second-degree perjury (lying on an official document or sworn statement) is a Class 2 misdemeanor.

What is the difference between obstruction of justice and resisting arrest?

Resisting arrest (CRS 18-8-103) involves physical resistance, such as struggling with an officer or trying to escape.
Obstruction of justice (CRS 18-8-104 and related laws) includes any interference with law enforcement or judicial proceedings, such as lying, tampering with evidence, or helping a suspect evade capture.

Defenses to Obstruction of Justice Charges

Lack of Intent

Many obstruction crimes require knowing or intentional interference. If the accused did not knowingly commit the act, they may not be guilty.

False Allegations

A person may be wrongfully accused of obstruction due to misunderstandings or false statements by others.

Violation of Constitutional Rights

If law enforcement violated the defendant’s Fourth or Fifth Amendment rights, evidence obtained during an illegal arrest may be suppressed.

No Interference with Official Duties

Simply questioning an officer’s actions or refusing to cooperate is not always obstruction. If the prosecution cannot prove actual interference, the case may be dismissed.