Obstruction of Law Enforcement in Georgia

Obstruction of Police

Obstruction of law enforcement refers to intentional actions that interfere with an investigation or related police work. Obstructing any law enforcement officer, depending on the circumstances, can bring misdemeanor or felony charges.

What is Obstruction of Law Enforcement?

In Georgia, O.C.G.A. 16-10-24 addresses the criminal offense of Obstructing or hindering law enforcement officers. This set of laws is a subset to laws for obstruction of justice. Obstruction laws can be used when a person interferes with first responders such as firefighters, emergency medical service (EMS), and other personnel involved in managing a law enforcement matter. The actual law in Georgia reads as follows:

• (a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor.
• (b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.

Misdemeanor and Felony Obstruction

Felony Obstruction

In Georgia, felony obstruction of law enforcement officer is applicable when there are acts or threats of violence towards an officer as they perform their work. "Violence" can be a verbal threat, shoving, kicking, biting, striking, spitting on, or otherwise inflicting harm to an officer. This often happens when people choose to fight the police, and when people physically interfere with an arrest process. The potential penalties for conviction of felony obstruction includes a fine up to $1,000 and/or prison sentence up to five years. The court may also impose other requirements such as mandatory community service, anger management classes.

Misdemeanor Obstruction

In Georgia, misdemeanor obstruction of law enforcement officer is applicable for lesser infractions such as lying, giving false information, or most interference related charges. The potential penalties for conviction of most misdemeanor obstruction charges includes a fine up to $1,000 and/or jail time up to one year. The court may also impose other requirements such as mandatory community service, anger management classes.

Punishments are more severe when there are prior convictions for this offense.

Federal Obstruction

Federal obstruction charges have much harsher penalties. Federal obstruction charges can become complicated because are often tied to a other charges or associated with complex criminal cases.

Conviction of certain federal obstruction charges carry very severe punishments. Examples: Any person who attempts to kill a potential trial witness could face up to 30 years in a federal penetentiary.

Willful Obstruction of Law Enforcement Examples

• Evading and Eluding
• Resisting arrest
• Interfering with an arrest
• Destruction or hiding of evidence
• Assault or battery upon a law enforcement officer
• Interfering with an investigation
• Providing false information to law enforcement
• Lying to law enforcement
• Hindering apprehension or prosecution

Other People Protected From Obstruction

Dealing with situations requiring law enforcement personnel usually requires involvement by many other people (occupations). From first responders to justice system employees, anyone interfering with, threatening or assaulting these people can face obstruction charge. A short list of these people includes:

• Police / Sheriff Deputies
• Jail staff / Prison guard
• Probation / Parole officers
• Game Warden / Park Ranger
• Detective / Investigators
• Judge / Prosecutor
• Juror / Witnesses
• Court official
• U.S. Agents / Marshals

If you are facing obstruction of law enforcement 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