The 4th of July festivities are still going on in Georgia as the holiday falls on a long weekend this year. However, out of the festivities, one man has been accused of purposefully firing a firework at an Atlanta Police Officer while riding a Lime Scooter off MLK Driver.
When officers attempted to arrest him, the man got off the scooter and ran away from the scene. The officers ended up using a taser to stop him.
He is being charged with obstruction and simple battery in Georgia.
As a Georgia Criminal Defense Lawyer, I will outline the offense of obstruction 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.
Practice Note
Examples of obstruction include: resisting arrest, hindering a police investigation, lying to an officer, running from the scene of an arrest, giving false information to police, threatening an officer, hitting an officer, etc.
Resisting arrest in any form is taken very seriously in the state of Georgia. That being said, many people make mistakes when under the stress of being interrogated or stopped by police. Contact our offices today for a free consultation. A Georgia Criminal Defense Attorney can help you now.
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