Larry Burrell allegedly kicked an officer in the chest repeatedly and threatened another officer's life in an altercation in Hall County.
According to reports, Hall County Deputies were called when Burrell broke a window and kicked a door into a home. When ordered to surrender, he instead resisted the arrest.
He allegedly threatened one of the officers saying that he was going to “hunt down and kill” both the deputy and his entire family.
As a result, Burrell is being held at the Hall County Jail and has been charged with public drunk, criminal trespass, disorderly conduct, and obstruction.
These types of charges typically go together in an altercation with the police. Most of the time, only some of the charges actually apply, and a Georgia Criminal Defense Attorney can put the most applicable Georgia Criminal Defenses to use in your case. In today's post, I'll highlight what a few of these charges mean in Georgia.
Public Drunk in Georgia
The Georgia Code defines the law on public drunk in Georgia as:
A person who shall be and appear in an intoxicated condition in any public place or within the curtilage of any private residence not his own other than by invitation of the owner or lawful occupant, which condition is made manifest by boisterousness, by indecent condition or act, or by vulgar, profane, loud, or unbecoming language is guilty of public drunkenness. (O.C.G.A. §16-11-41).
The law requires that a person not only be intoxicated, but use vulgar, loud, or profane language. It's not a crime to be intoxicated in public - it's a crime to be intoxicated and demonstrate disorderly conduct.
If convicted of public drunk in Georgia, a person is guilty of a misdemeanor. Misdemeanor convictions can include up to 12 months in jail or up to $1,000 in fines or both.
Disorderly Conduct in Georgia
The Georgia Code defines the law on disorderly conduct in Georgia by outlining a multitude of acts:
- When a person acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person's life, limb, or health;
- When a person acts in a violence or tumultuous manner toward another person whereby the property of such person is placed in danger of being damaged or destroyed;
- When a person without provocation, uses to or of another person in such other person's presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person's presence, naturally tend to provoke violent resentment, that is, words commonly called “fighting words”; or
- When a person without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace. (O.C.G.A. §16-11-39).
If convicted of disorderly conduct in Georgia, a person is guilty of a misdemeanor. Misdemeanor convictions can include up to 12 months in jail or up to $1,000 in fines or both.
Obstruction in Georgia
The Georgia Code defines the law on obstruction in Georgia by dividing the charge into two different degrees: misdemeanor obstruction and felony obstruction.
1. A misdemeanor obstruction charge is defined by Georgia law as “when a person knowingly or willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties.” (O.C.G.A. §16-10-24(a)).
2. A felony obstruction charge is defined by Georgia law as “when a person knowingly and willfully resist, obstruct, or oppose 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.” (O.C.G.A. §16-10-24(b)).
According to the statute, the only difference between the obstruction offenses is offering or committing violence towards the officer.
If convicted of the misdemeanor obstruction offense, a person faces up to twelve months in jail, up to $1,000 in fines, or both.
If convicted of the felony obstruction offense, a person faces anywhere from one to five years in prison, a minimum fine of $300, community service, or anger management classes.
If you or a loved one has been charged with a crime in Georgia, you need representation by a Georgia Criminal Defense Lawyer. Contact us today so that we can best defend your freedom.