Have You Been Charged with Obstructing or Hindering Emergency Medical Technicians or Emergency Medical Professionals in Georgia?
Firefighters, police officers, and EMT's are all people whose job is to save lives and respond to emergency situations. However, there are times when the public obstructs or hinders them from doing their job. Deterring an emergency medical professional from performing their duties is a crime in Georgia and if you have been charged with such a crime, you need legal representation immediately. You could face harsh consequences so contact Lawson and Berry today and speak with one of Georgia's top criminal defense attorneys.
What Constitutes Obstructing or Hindering Emergency Medical Technicians or Emergency Medical Professionals in Georgia?
O.C.G.A, § 16-10-24.2 outlines the two ways that a person can be guilty of obstructing or hindering emergency medical professionals:
- First, by knowingly and willfully obstructing or hindering an emergency medical technician, any emergency medical professional, or any properly identified person working under the direction of an emergency medical professional in the lawful discharge of the official duties of such emergency medical technician, emergency medical professional, or properly identified person working under the direction of an emergency medical professional.
- Second, when a person knowingly and willfully resists or obstructs any emergency medical technician, any emergency medical professional, or any properly identified person working under the direction of an emergency medical professional in the lawful discharge of the official duties of the emergency medical technician, emergency medical professional, or properly identified person working under the direction of an emergency medical professional by threatening or doing violence to the person of such emergency medical technician, emergency medical professional, or properly identified person working under the direction of an emergency medical professional.
Penalty for Obstructing or Hindering an Emergency Medical Technicians or Emergency Medical Professionals in Georgia
A person convicted of knowingly and willfully obstructing or hindering an emergency medical professional from performing their duties will be guilty of a misdemeanor. In Georgia, misdemeanor charges can carry up to $1,000 in fines or up to one year in jail, or both.
However, a person convicted of obstructing or hindering an emergency medical professional from doing their duties by threatening or doing violence to such person will be guilty of a felony and face a prison term between one and five years. In addition, felony convictions can make it difficult to obtain housing, employment, or credit.
Georgia Case Law
A person was convicted under the statute after they threatened EMT's and prevented them from providing medical treatment to a reportedly poisoned child. Even though they found out later that the child did not need medical attention, the defendant was still convicted of a crime and received a felony conviction. Strickland v. State, 221 Ga. App. 516, 471 S.E. 2d (1996).
Defenses to Obstructing or Hindering Emergency Medical Professionals in Georgia
Innocence: Everyone makes mistakes including law enforcement officers. If the officer charged the wrong person with the crime, any evidence showing you were not at the scene or you were not the one who committed the crime would be greatly beneficial.
Lack of Evidence: Evidence is crucial in any criminal case. The prosecution must present evidence showing you are guilty of the charge beyond a reasonable doubt. If there is not enough evidence, then you cannot go to trial. A Georgia Criminal Defense Attorney would be essential in this situation to help you get the charges dropped.
Lack of Intent: A conviction for obstruction requires that the accused knowingly or willfully obstructed or hindered the emergency medical professional. If you had no intent to obstruct or hinder the professional, then you cannot be guilty of the crime.
The Emergency Medical Professional Was Not in the Lawful Discharge of His Duties: If the medical professional was not lawfully conducting his duties, then no crime has occurred. This defense can be difficult to prove, and the best option is to hire a Georgia Obstruction Attorney to assist.
Contact Us
Because of the potential for severe punishment, it is crucial that you retain one of the premier attorneys at Lawson and Berry. Our Lawyers have over 50 combined years of experience and would be happy to help you. Contact us today for a free case evaluation.
