Actually, in that point of the game, you would have such immense power and inventory that you shouldn't be losing to the town guards, even at the highest difficulty. Oblivion's top difficulty lies with Umbra, which, by cannon, is one of the most powerful beings in existance, so it makes all sense to be the strongest being bar the Daedric princes and princesses.
Current PC Build
CPU - i7 8700K 3.7 GHz (4.7 GHz turbo) 6 cores OC'd to 5.2 GHz with Watercooling (Hydro Series H110i) | MB - Gigabyte Z370 HD3P ATX | Gigabyte GTX 1080ti Gaming OC BLACK 11G (1657 MHz Boost Core / 11010 MHz Memory) | RAM - Corsair DIMM 32GB DDR4, 2400 MHz | PSU - Corsair CX650M (80+ Bronze) 650W | Audio - Asus Essence STX II 7.1 | Monitor - Samsung U28E590D 4K UHD, Freesync, 1 ms, 60 Hz, 28"
