Obstruction of Justice in Georgia

Obstruction of Justice

It’s easier than you may think to be arrested for obstruction. In fact, obstruction and resisting arrest are very common additional charges law enforcement leverages in problematic situations.

Per Forbes online, "Obstructing justice is illegal on federal and state levels, with individual states establishing their own legal definitions of offenses and penalties. In most cases, there is not a general statute that simply prohibits obstruction of justice. Instead, there are laws prohibiting specific behaviors that interfere with the operation of law enforcement, government officials or legal proceedings."¹ A related offense is Obstruction of Law Enforcement

What is Obstruction of Justice in Georgia?

Obstruction of Georgia, O.C.G.A. §16-10-24, is a criminal offense which carries penalties of a fine up to $1,000 and up to one year in jail. A person may be arrested for this charge (a) when they knowingly or willfully obstruct or hinder any law enforcement officer in the lawful discharge of his official duties.

A broader definition of Obstruction of justice, offered by the Cornell Law School website is, "Obstruction of justice broadly refers to actions by individuals that illegally prevent or influence the outcome of a government proceeding. While the quintessential example of obstruction of justice involves tampering in a judicial proceeding, there are numerous laws on obstruction of justice, covering all branches of government and targeting different kinds of obstruction. Instead of one law, law on obstruction of justice is located in multiple federal and state statutes, given the numerous methods in which obstruction can be carried out. "²

Obstruction of Justice vs. Obstruction of Law Enforcement

In Georgia, Obstruction of Justice goes beyond interfering with only law enforcement officers. In fact, the State laws make it a criminal offense to hinder other certain other people in the performance of their official duties. This could include various types of officials ranging from elected officials, probation officers and game wardens, to fire fighters and emergency medical professionals (EMP).

Examples of Obstruction of Justice

Many reasons justifying obstruction of justice charges occur off the street. Per the Wikipedia website, "Obstruction is a broad crime that may include acts such as perjury, making false statements to officials, witness tampering, jury tampering, destruction of evidence, and many others."³. Furthermore, it applies to the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. Other examples include:

• Obstructing a Criminal Investigation
• Destruction of Evidence
• Perjury
• Intimidation
• Witness Tampering
• Jury Tampering
• Obstruction by Violence
• Filing false court documents

The full law in Georgia for Obstruction is as follows:

• 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.

Federal Obstruction Charges

Per a Congressional Research Service report, "Obstruction of Justice is the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. It is a federal crime."⁴  The penalties for federal obstruction of justice vary depending on the circumstances of each case. Potential consequences include fines and up to five years in federal prison.

Examples of Federal Obstruction Charges

• Assault on process server
• Resistance to extradition agent
• Influencing or injuring officer or juror generally
• Influencing juror by writing
• Obstruction of proceedings before departments, agencies, and committees
• Theft or alteration of record or process; false bail
• Picketing or parading
• Recording, listening to, or observing proceedings of grand or petit juries while deliberating or voting
• Obstruction of court orders
• Obstruction of criminal investigations
• Obstruction of State or local law enforcement
• Tampering with a witness, victim, or an informant
• Retaliating against a witness, victim, or an informant
• Civil action to restrain harassment of a victim or witness
• Civil action to protect against retaliation in fraud cases
• Definitions for certain provisions; general provision
• Obstruction of Federal audit
• Obstructing examination of financial institution
• Obstruction of criminal investigations of health care offenses
• Destruction, alteration, or falsification of records in Federal investigations and bankruptcy
• Destruction of corporate audit records
• Retaliating against a Federal judge or Federal law enforcement officer by false claim or slander of title

If you are facing obstruction of justice charges, we encourage you to call our law firm at 678-880-9360. Arrange a consultation with a skilled obstruction lawyer in Georgia.

CREDITS and FOOTNOTES

• ¹ Christy Bieber, "What Is Obstruction of Justice? Punishment, Types And Meaning", May 23, 2024, Available from Forbes
• ² Staff Writers, "obstruction of justice", February 22, 2022, Available from Cornell Law School
• ³ Contributors, "Obstruction of justice in the United States", December 6, 2023, Available from Wikipedia
• ⁴ Staff Writers, "Obstruction of Justice: An Overview
  of Some of the Federal Statutes That Prohibit Interference with Judicial,
  Executive, or Legislative Activities", April 17, 2014, Available from Congressional Research Service
• Photo by Pixabay Photographer, available at Pixabay