According to reports out of Cobb County, a man fleeing the police and resisting arrest allegedly threw his two young children over a barbed wire fence into an industrial yard during the foot chase.
The children are only one and four years old. He is facing many charges - most of them stemming from his initial reaction to officers in their attempt tot arrest him on a prior unrelated warrant.
As a Georgia Criminal Defense Lawyer, I will outline the law behind the criminal offense of obstruction or resisting arrest in today's post.
Obstruction in Georgia
Obstruction in Georgia is defined in the Georgia Code as: misdemeanor obstruction and felony obstruction.
Misdemeanor obstruction is defined in O.C.G.A. §16-10-24(a) as:
When a person knowingly or willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties.
The penalty for a misdemeanor conviction in Georgia is a fine up to $1,000, jail time up to one year, or both. It can also come with community service, anger management classes, or any other punishments allowed under the misdemeanor sentencing laws of Georgia.
Felony obstruction is defined in O.C.G.A. §16-10-24(b) as:
When a person knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, community supervision officer, probation officer, or conservation officer in the lawful discharge of his or her official duties by offering or doing violence to the person.
The penalty for a felony obstruction conviction is a prison term between one and five years. In addition to any prison term imposed, the accused will pay a fine of at least $300. Furthermore, the penalty could include community service and anger management classes.
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