Obstruction of Law Enforcement Charges in Georgia

Are you facing obstruction of law enforcement charges in Georgia? If so, you might be confused about the charges and intimidated by the legal process ahead. An experienced criminal defense attorney from Crawford and Boyle, LLC can review the charges against you and the circumstances surrounding your arrest to explain your legal options. Contact us today for a confidential consultation. 

What Are Obstruction of Law Enforcement Charges in Georgia?

Law enforcement officers are considered public servants and peace officers. It is a crime when someone interferes with completing their official duties. Depending on the nature of the interference, obstruction can be classified as either a misdemeanor or a felony offense in Georgia. 

Misdemeanor Obstruction of Law Enforcement Charges in Georgia

A person can be charged with misdemeanor obstruction of officer when they knowingly and willfully obstruct or hinder a law enforcement officer in the lawful discharge of their official duties. This law applies to various peace officers, including:

• Police officers
• Law enforcement officers
• Correctional officers
• Prison guards and jailers
• Community supervision officers
• County or Department of Juvenile Justice juvenile probation officers
• Probation officers
• Game wardens

Felony Obstruction of Law Enforcement Charges in Georgia

A person can be charged with felony obstruction of officer charges when they knowingly and willfully resist, obstruct, or oppose any of the law enforcement officers identified above in the lawful discharge of their duties by “offering or doing violence to the person of such officer or legally authorized person.” The major difference in the acts that constitute a felony obstruction of officer charge is the violence element.

It is also considered a felony offense to knowingly and willfully resist, obstruct, or oppose any of the law enforcement identified above by “knowingly and willfully throwing, projecting, or expelling human or animal blood, urine, feces, vomitus, or seminal fluid.” 

Lawful Discharge of Duties 

A necessary element of these criminal charges is that the law enforcement officer was in lawful discharge of their duties at the time that the offense was committed. Therefore, if the arrest was unlawful, it is not illegal for the suspect to resist or obstruct the law enforcement officer. Georgia case law has established that obstruction of a law enforcement officer did not occur when 

• A person was detained or arrested without authority to do so under the law.
• A person was resisting an unlawful, warrantless arrest using no more than proportionate force.
• A person was escaping an unlawful, warrantless detention.

Establishing that the law enforcement officer was not acting within the confines of the law may be central to your defense. 

Penalties for Obstruction of Officer Crimes in Georgia

A misdemeanor obstruction of an officer crime comes with a maximum penalty of one year in jail and a fine of $1,000. The defendant can also be ordered to complete community service, anger management classes, or other punishments.

A first-time felony conviction for obstruction carries a potential term of imprisonment of one to five years. Additionally, the defendant will be required to pay a fine of at least $300. This fine is earmarked for the Georgia State Indemnification Fund to pay for the death or disability of public service workers. 

A second conviction is punished by a minimum term of imprisonment of two years, up to ten years. A third conviction of this offense is punishable by a minimum of three years, up to fifteen years. 

Examples of Obstruction of Law Enforcement Charges in Georgia

Obstructing law enforcement officers can take many forms. Some common examples of actions that have led or could lead to obstruction of officer charges include the following:

• Hindering a police investigation
• Refusing to exit a vehicle at a traffic stop
• Interfering with a police investigation
• Destroying evidence
• Hiding evidence 
• Lying to a police officer 
• Giving false or misleading information to a law enforcement officer
• Not stopping when directed by law enforcement to do so
• Not complying with law enforcement officers’ lawful commands
• Resisting arrest
• Hitting a police officer when trying to handcuff the suspect
• Interfering with an arrest
• Running from a police officer
• Engaging in a high-speed chase with police officers
• Threatening a police officer
• Hitting a police officer
• Hindering apprehension or prosecution 

Obstruction of a law enforcement officer is often charged in connection with a DUI arrest. For example, the driver who is pulled over may give a fake name, struggle against a law enforcement officer trying to arrest them, fail to pull over when directed to do so, or run from them. If the suspect disobeys, hits, or threatens a law enforcement officer, what began as a minor traffic stop can quickly escalate to a felony charge. 

Another common situation where obstruction of a law enforcement charge may arise is in a drug possession case. In these types of cases, suspects may attempt to destroy evidence by consuming drugs or throwing them out the window of a fast-moving vehicle. In some situations, this could be considered hiding or destroying evidence, which could provide the legal basis for an obstruction of a law enforcement charge. 

How an Obstruction of Law Enforcement Officer Defense Lawyer Can Help

Obstruction of law enforcement charges can be difficult to overcome. The judge may have a preconceived notion that you are not a law-abiding citizen, which can taint their rulings in court. An experienced criminal defense lawyer can uphold your rights and make legal arguments to challenge the evidence and prosecution against you. Specifically, an experienced lawyer can help you by:

• Reviewing the criminal charges and allegations against you
• Conducting an independent investigation into the case
• Discussing your legal options for responding to the charges against you
• Requesting law enforcement police car and bodycam footage 
• Interviewing independent witnesses
• Identifying weaknesses in the prosecution’s case
• Devising a legal strategy based on the specific details of your case
• Checking for traffic cameras or surveillance cameras that may have captured your arrest
• Negotiating for a favorable plea bargain, which could result in the dismissal or reduction of some of the charges against you 
• Representing you in court to argue your case

Contact the legal team at Crawford and Boyle, LLC to discuss your case with an experienced criminal defense attorney motivated to achieve the best outcome possible for your case.

Legal Defenses to Obstruction of Law Enforcement Charges in Georgia

It is important to understand that obstruction of law enforcement charges do not require showing that the officer in question was injured. Likewise, it is not a viable defense to argue that you did not think you were doing anything wrong. Obstruction of law enforcement charges are very fact-specific cases that focus more on your conduct than on your perception of the events. Even if you are innocent of the charges that you were charged with that led to the obstruction, resisting the arrest that was otherwise lawful could be grounds for a criminal conviction. 

However, some possible defenses that your criminal defense lawyer may be able to raise in your case could include the following:

Lack of Intent 

The mens rea (mental state) that the prosecutor must prove to convict you of obstruction of a law enforcement officer charge is that you knowingly and willingly obstructed the officer. If you did not have this intent, you should not be convicted of this crime.

Lack of Evidence

In every criminal prosecution, the prosecutor has the burden of proving that you were guilty beyond a reasonable doubt. If there is no objective evidence to convict you, jurors may have reasonable doubt that you did what you were accused of. Even if a law enforcement officer is accusing you of committing this offense, their word against yours might not be sufficient to meet this evidentiary burden, especially as citizens have a growing uneasiness regarding the aggression and actions of Georgia police officers, based on documented incidents of excessive force, high-profile officer misconduct, and a perceived lack of institutional accountability.

Lack of Probable Cause for the Arrest

Before a law enforcement officer can make an arrest, they must have probable cause. Probable cause can manifest in multiple ways. A law enforcement officer may have sworn to a warrant about facts that provide a legal basis for a judge to issue the arrest warrant. Probable cause can also exist if a law enforcement officer observed the crime or saw evidence of a crime in plain view. 

However, there have been plenty of situations in which a law enforcement officer does not have probable cause to arrest a suspect, such as if the suspect matches a generic description of someone else accused of committing a crime without any other factual basis for the arrest. In cases in which there was no probable cause to execute an arrest, a seasoned criminal defense lawyer can argue that it was reasonable to resist such an arrest and that the obstruction charge does not apply. 

Unlawful Arrest

Officers may otherwise conduct arrests without a legal basis. In these cases, the defendant’s actions taken in response might not be obstruction since the arrest itself was unlawful. 

Not in Lawful Discharge of Duties

In addition to unlawful arrests, there may be other times when law enforcement officers might not be lawfully discharging their duties. For example, they might be off duty. They could be taking advantage of their authority and acting illegally. Showing that the law enforcement officer was not lawfully discharging their duties can be difficult, but an experienced lawyer knows what type of evidence can help prove this inference. 

False Accusations

It is possible that law enforcement officers might lie about an exchange with a citizen, especially to cover up what they later found out to be a bad arrest. They might say the suspect was resisting or otherwise obstructing them. 

Misunderstandings

In other cases, law enforcement officers may have had a misunderstanding of the suspect’s actions.

Frequently Asked Questions: Obstruction of Law Enforcement Charges in Georgia

Contact Our Criminal Defense Attorney for Aggressive Legal Representation

At Crawford and Boyle, LLC, we have decades of experience protecting the rights of the accused in Georgia. We know that no case is as clear-cut as law enforcement presents it. We can get to the bottom of your case, determine if there was a lawful basis for your arrest, advise you of possible defenses, negotiate for a reduced penalty, and fight to protect your legal rights at every stage of the process. You can rest assured that we will do everything within our power to prevent you from having to serve time. Contact us today for a free and confidential consultation to discuss the specifics of your case.