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Georgia Obstruction of Justice Attorney
In Georgia, obstruction of a law enforcement officer can be both a misdemeanor and a felony criminal offense depending on the alleged conduct against the law enforcement officer. For the purposes of this offense, law enforcement officer includes all law enforcement officers, prison guards, corrections officers, jailers, community supervisors, probation officers and game wardens. Obstruction of a Law Enforcement Officer is made a criminal offense in Official Code of Georgia O.C.G.A. §16-10-24.
What is the Obstruction of a Law Enforcement Officer statute?
Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of his or her official duties shall be guilty of a misdemeanor.
Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of his or her official duties by offering or doing violence to the person of such officer or legally authorized person shall be guilty of a felony and shall, upon a first conviction thereof, be punished by imprisonment for not less than one year nor more than five years. Upon a second conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than two years nor more than ten years. Upon a third or subsequent conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than three years nor more than 15 years.
Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of his or her official duties by knowingly and willfully throwing, projecting, or expelling human or animal blood, urine, feces, vomitus, or seminal fluid on or at such individual shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one year nor more than five years.
A person convicted under this Code section shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $300.00. With respect to $300.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45.
What is the Difference between Misdemeanor and Felony Obstruction of Justice?
Misdemeanor obstruction of justice of obstruction of a law enforcement officer under Georgia criminal law is the predominant charge under Georgia law. Unless obstruction falls into one of the two felony categories, than the conduct determine to be obstruction will be considered a misdemeanor. Common examples of misdemeanor obstruction of justice are running from the scene of an investigation or arrest, resisting arrest that doesn’t reach felony level, arguing with the officer, or lying to the officer.
For obstruction of justice to become a felony charge under Georgia law one of two types of conduct must occur. The first type of conduct which is considered a felony obstruction under Georgia law is obstructing in a way that threatens or commits violence against the official. Actual violence can be as little as assault or battery under Georgia law. You can also be charged with felony obstruction of justice if you throw project or expel blood, urine, feces, vomit, or seminal fluid upon a law enforcement officer.
Obstruction of Justice Can Include More than Just Law Enforcement Officers
The Official Code of Georgia also makes it a crime to obstruct other government officials in the performance of their official duties. O.C.G.A. §16-10-24.1 makes it a crime to obstruct firefighters. O.C.G.A. §16-10-24.2 makes it a crime to obstruct emergency medical technicians (EMTs) and emergency medical professionals. O.C.G.A. §16-10-24.3 makes it a crime to obstruct any person making an emergency telephone call to 911 or any other official law enforcement agency. O.C.G.A. §16-10-24.4 makes if a crime to obstruct any park ranger in the performance of their official duties. It is important to note that obstruction of firefighters, emergency medical personnel, and park rangers can be misdemeanor or felony offenses based on the type of conduct in the same was as obstructing a law enforcement officer can be both a misdemeanor and felony outlines above. Obstructing or hindering a person from making a 911 call is only a misdemeanor under Georgia O.C.G.A. 16-10-24.3.
What is the Punishment for Obstruction of a Law Enforcement Officer under Georgia Law?
Misdemeanor obstruction is punishable by up to 12 months in jail and a minimum fine of $300 up to a maximum fine of $1,000. Felony obstruction is punishable by a minimum of 1 year in jail up to a maximum of 5 years in jail along with a minimum $300 fine. Further convictions of obstruction of a law enforcement official increase the jail time range to 2-10 years and 3-15 years for each subsequent conviction.
If you or a loved one has been charged with obstruction under Georgia law and would like to talk about the circumstances surrounding the arrest, potential defenses, or what to expect in court, please call 678-753-6431 for a free consultation. I will take the time to go over the situation in detail with you and give you information that can help you figure out your next steps in addressing this charge.