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Interfering with an Officer (§ 53a-167a): Connecticut’s Most Misused Charge

Why So Many Ordinary People End Up Arrested for “Interfering” — and How to Fight Back


Introduction

You’re standing on the sidewalk trying to understand why the police are arresting someone you care about. You ask a question — maybe you raise your voice — and suddenly the officer turns on you:

“You’re under arrest for interfering with an officer.”

It happens every day across Connecticut.

C.G.S. § 53a-167a, the “interfering with an officer” statute, was created to protect law-enforcement operations. But in practice, it’s often used as a catch-all when police feel challenged, disrespected, or want to justify an arrest that otherwise looks shaky.

As a Connecticut criminal defense lawyer with over 30 years of courtroom experience, I’ve defended hundreds of clients charged with interfering — people who were confused, scared, or simply trying to assert their rights. Most had no idea they’d done anything criminal.


1. What Connecticut Law Actually Says

Under Connecticut General Statutes § 53a-167a, a person is guilty of interfering with an officer when they obstruct, resist, hinder, or endanger any peace officer or firefighter performing their official duties.

  • It’s a Class A misdemeanor, punishable by up to one year in jail and a $2,000 fine.

  • If the conduct causes serious physical injury or death, it can become a felony.

Prosecutors must prove that:

  • You intentionally hindered or resisted, and

  • The officer was lawfully performing their duties; and

  • You knew the person was a police officer.

That “lawfully performing duties” element is often the battleground in court.


2. Why Police Overuse This Charge

“Interfering” has become one of the most over-filed charges in Connecticut because it’s so vague.

  • Low threshold: Almost any delay, argument, or hesitation can be labeled “interference.”

  • Liability protection: Officers sometimes add the charge after a use-of-force event to defend against future complaints.

  • Scene control: In tense domestic or traffic calls, it’s an easy way to remove emotional bystanders.

In other words, it’s frequently not about obstruction — it’s about control.

Body-cam footage often tells a very different story from the police report. That gap between perception and reality is where your defense begins.


3. Common Situations That Lead to Interfering Arrests

  • Recording police on your phone.
    You have a First Amendment right to film officers in public, provided you don’t physically interfere.

  • Emotional family-violence calls.
    Loved ones trying to speak up for family members are often charged.

  • Chaotic or crowded scenes.
    Merely being slow to move away can be misread as resistance.

  • Traffic stops.
    Questioning or asking for a supervisor may escalate into an arrest.

  • Medical or mental-health emergencies.
    Family members stepping between responders can be mistaken for interference.


4. What Prosecutors Must Prove

To convict, the State must show that you intentionally interfered and that the officer was lawfully performing their duty.

  • Intent: Panic or confusion ≠ intent.

  • Lawful performance: If the officer’s commands were unlawful — say, entering your home without a warrant — the charge fails.

  • Actual interference: Courts have held that verbal criticism, filming, or refusal to answer are usually protected speech.


5. How a Defense Lawyer Fights These Charges

a. Body-Cam and Dash-Cam Review

The video often contradicts the report. We demand every second.

b. Probable-Cause Challenges

If the stop itself wasn’t lawful, the interference charge collapses.

c. First Amendment Defense

Recording police is legal. Retaliation for filming is unconstitutional.

d. Motions to Dismiss or Diversionary Programs

For first-time offenders, the Accelerated Rehabilitation (AR) Program can lead to dismissal.

e. Civil-Rights Follow-Up

Unlawful arrests can justify § 1983 civil-rights claims.


6. Real-World Example

A Stamford father returned home to find police detaining his teenage son. He filmed from several feet away and calmly asked questions. Officers arrested him for interfering.

Body-cam footage later proved he never obstructed. The case was dismissed before trial.


7. Penalties and Collateral Consequences

  • Class A misdemeanor: up to 1 year jail, $2,000 fine, probation, and a record.

  • Felony (injury involved): up to 10 years prison.

  • Collateral effects: employment issues, gun-permit suspension, immigration complications, licensing problems.

(Internal link: [Connecticut Criminal Background Checks After Arrest])


8. Why “Interfering” Is Defensible

  • Juries relate to normal human reactions.

  • Video evidence often clears the accused.

  • Judges know “disrespect” isn’t a crime.

Early intervention makes the difference.


9. The Accelerated Rehabilitation (AR) Program — A Second Chance to Erase the Charge

Many interfering arrests involve first-time offenders who were simply overwhelmed. The AR Program exists for these situations.

What It Does

A diversionary program allowing eligible defendants to avoid conviction. The court may require counseling or community service; after successful completion, the case is dismissed and erased.

Why It Fits Interfering Cases

Courts understand that these incidents are often emotional, not criminal. With a clean record and strong mitigation, AR is commonly granted — providing a clean slate.

(Internal link: [Accelerated Rehabilitation Program in Connecticut])

After Dismissal

Even erased cases can linger on private databases. My office helps send Fair Credit Reporting Act removal notices to ensure your name stays clean.

(Internal link: [Connecticut Criminal Background Check After Dismissal])


FAQs

Can I be arrested just for yelling or arguing?
Speech alone usually isn’t interference unless it physically prevents an officer’s work.

Is it legal to record police?
Yes — as long as you don’t obstruct.

What if I hesitated when told to leave?
A brief delay isn’t interference; intent matters.

Can interfering be added to other charges?
Yes, often with disorderly conduct or breach of peace.

Can I use the AR Program?
Yes. First-time offenders are almost always eligible.

What if the officer’s order was unlawful?
If the officer wasn’t acting lawfully, you can’t be convicted.


Conclusion: Don’t Let a Misused Charge Define You

“Interfering with an officer” was meant to punish obstruction, not emotion, confusion, or free speech. Yet many departments still use it to control tense scenes.

If you’re facing C.G.S. § 53a-167a, act quickly. With experienced defense, the truth can come out before the charge damages your record.

Call Allan F. Friedman, Connecticut Criminal Lawyer, at (203) 357-5555 or reach me through the [online form] for a free consultation.

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