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Disarming a Peace Officer Charges in Colorado

Disarming a peace officer is a serious felony offense in Colorado involving allegations that a person knowingly removed, attempted to remove, or deprived a law enforcement officer of a firearm or other weapon while the officer was performing official duties. Because these cases involve alleged interference with law enforcement and potential risk to public safety, prosecutors treat them aggressively.

These charges often arise during arrests, physical struggles, traffic stops, or high-stress encounters. In many situations, the allegation does not involve successfully taking control of the officer’s weapon, but merely attempting to grab or interfere with it during a confrontation. What may have been a defensive movement, instinctive reaction, or chaotic scuffle can quickly be characterized as an intentional attempt to disarm an officer.

If you are under investigation or have been charged with disarming a peace officer in Colorado, the consequences can be severe. A conviction may result in significant prison time, heavy fines, and a permanent felony record.

Colorado Disarming a Peace Officer Defense Attorney

Allegations involving law enforcement officers are taken extremely seriously in Colorado courts. Even if no weapon was actually removed, prosecutors may pursue felony charges based on an alleged attempt or perceived threat.

At the Law Office of Matthew A. Martin, P.C, we understand that these cases often involve split-second movements, conflicting testimony, and body camera footage that does not always tell the full story. Matthew Martin carefully analyzes the circumstances of the encounter, challenges exaggerated claims, and scrutinizes whether the required intent can truly be proven. We fight to ensure that our clients receive a fair defense when facing serious felony accusations.

If you or someone you love has been charged with disarming a peace officer in Colorado, call (303) 725-0017 to schedule your free consultation today.

Information Center

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Definition of Disarming a Peace Officer Under Colorado Law

Disarming a peace officer is governed by C.R.S. § 18-8-116. A person commits this offense if they knowingly remove or attempt to remove a firearm, electronic control device (such as a Taser), or other weapon from a peace officer while the officer is engaged in the performance of official duties.

The statute typically requires proof that:

  • The individual acted knowingly
  • The officer was performing official duties
  • The defendant removed or attempted to remove the weapon
  • The weapon belonged to or was under the control of the officer

Even an unsuccessful attempt to grab a weapon may be sufficient for charges.

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Common Situations Leading to Disarming Charges

These charges often arise during:

  • Physical struggles during arrest
  • Attempts to resist handcuffing
  • Traffic stops that escalate
  • Domestic disturbance responses
  • Crowd control or protest situations
  • Allegations of grabbing at a holstered firearm
  • Attempts to remove a Taser during a confrontation

In many cases, the allegation stems from rapid, chaotic movements rather than a clear, deliberate attempt to take a weapon.

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Penalties for Disarming a Peace Officer in Colorado

Class 5 Felony Penalties: Disarming a peace officer is typically charged as a Class 5 felony, though circumstances may increase severity.

Potential penalties include:

  • 1 to 3 years in Colorado state prison
  • Mandatory parole period
  • Fines between $1,000 and $100,000
  • Permanent felony criminal record

Aggravating Factors

  • The officer was injured
  • A weapon was successfully removed
  • The incident involved additional felony charges
  • The accused has prior felony convictions

Additional Consequences

  • Loss of firearm rights
  • Employment consequences
  • Immigration consequences for non-citizens
  • Enhanced sentencing exposure for future offenses

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Defenses to Disarming a Peace Officer Charges

  • No knowing attempt to remove a weapon: The statute requires that the defendant knowingly attempted to remove the officer’s weapon. In chaotic physical confrontations, accidental contact with a holstered firearm or equipment may occur without intent to disarm. Defense counsel focuses on whether the prosecution can truly establish deliberate intent rather than reflexive or defensive movement.
  • Officer was not performing official duties: The law applies only if the officer was engaged in lawful official duties at the time of the alleged act. If the officer acted outside their authority or unlawfully initiated contact, this may affect the charge. Defense attorneys examine whether the officer’s conduct was legally justified.
  • Insufficient evidence of removal or attempt: Prosecutors must show an actual removal or attempt to remove the weapon. Mere proximity to an officer’s equipment or incidental contact is not enough. Defense counsel scrutinizes body camera footage, witness testimony, and physical evidence.
  • Unlawful arrest or excessive force context: While resisting arrest is not automatically justified, excessive force by an officer can create complex legal issues. Defense attorneys examine whether the accused’s movements were defensive rather than aggressive. Context matters greatly in these cases.
  • Misinterpretation of physical struggle: In tense encounters, officers may interpret resistance as an attempt to seize a weapon. Defense counsel challenges subjective interpretations and relies on objective evidence to clarify what actually occurred.
  • Insufficient or conflicting testimony
    Many disarming cases depend heavily on officer testimony. Defense attorneys carefully examine inconsistencies between reports, body camera footage, and witness accounts. The burden remains on the prosecution to prove guilt beyond a reasonable doubt.

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Role of a Colorado Criminal Defense Attorney

  • Analyzing body camera and dash camera footage: Video evidence often plays a central role in these cases. A defense attorney thoroughly reviews footage frame-by-frame to determine whether the alleged attempt to disarm is clearly visible and intentional. Objective video analysis can significantly weaken the prosecution’s case.
  • Investigating the legality of the initial stop or arrest: If the encounter began with an unlawful stop or improper arrest, this context can affect the legal analysis of the alleged disarming. Defense counsel evaluates whether law enforcement followed constitutional procedures. Procedural violations may impact admissibility of evidence.
  • Challenging the element of intent: The prosecution must prove that the accused acted knowingly and deliberately. Defense attorneys focus on demonstrating that any contact with the weapon was accidental or defensive rather than purposeful. Intent is often the most vulnerable element in these cases.
  • Examining officer reports and inconsistencies: Officer reports may contain exaggerations or assumptions made during high-stress incidents. Defense counsel compares written reports with video evidence and prior statements. Inconsistencies can undermine credibility.
  • Negotiating reduced charges where appropriate: In some cases, charges may be reduced to lesser offenses such as resisting arrest. Defense attorneys negotiate strategically based on evidentiary weaknesses and mitigating circumstances. Reducing a felony to a misdemeanor can significantly change long-term consequences.
  • Trial representation in felony cases: If the case proceeds to trial, defense counsel cross-examines officers, presents alternative interpretations of events, and emphasizes reasonable doubt. Jurors must be convinced beyond a reasonable doubt of intentional conduct. Skilled courtroom advocacy is essential.

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Key Elements the Prosecution Must Prove

To secure a conviction, the prosecution must prove beyond a reasonable doubt that:

  • The defendant knowingly removed or attempted to remove a weapon
  • The weapon belonged to or was under the control of a peace officer
  • The officer was performing official duties
  • The act occurred in Colorado

Failure to prove any element requires acquittal.

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Frequently Asked Questions

Is disarming a peace officer always a felony in Colorado?
Yes, it is typically charged as a felony offense.

What if I only brushed against the officer’s holster?
Accidental contact without intent may not meet the statutory definition.

Does the officer have to lose control of the weapon?
No. An attempt alone can be enough for charges.

Should I speak to police about what happened?
You should consult with a defense attorney before making any statements.

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Additional Resources

Colorado Revised Statutes § 18-8-116 – Disarming a Peace Officer – This is the official statutory language defining the crime of disarming a peace officer in Colorado, including how “peace officer” and prohibited conduct are legally defined. It’s essential for understanding the elements the prosecution must prove.

Colorado Revised Statutes § 18-8-104 – Obstructing a Peace Officer (Justia) – While not directly the same offense, this statute explains the related crime of obstructing a peace officer, which often co-occurs with disarming charges and provides context for interactions with law enforcement. Understanding adjacent statutes helps frame defense strategies.

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Finding a Disarming a Peace Officer Defense Attorney in Colorado

Disarming a peace officer charges are serious felony allegations that can dramatically impact your future. These cases often depend on split-second interpretations and require careful legal analysis.

At the Law Office of Matthew A. Martin, P.C., we defend clients facing serious felony charges throughout Colorado. We investigate thoroughly, challenge weak evidence, and fight to protect your rights and freedom.

If you are facing disarming a peace officer charges, call (303) 725-0017 today to schedule your free consultation.