According to reports, a police officer was attacked by two individuals early Sunday morning in Fayette County. He was handling a domestic disturbance.
One of the suspects was able to fire the officer's gun during the alleged struggle. The shot grazed one of the residents.
More authorities were called to the scene which ended with two officers being taken to the hospital for treatment.
Today, I'd like to jump into the law behind the offense of obstruction because it can be very complicated, and there are fine lines in the determination of the penalties if convicted.
Obstruction in Georgia
Below I've listed some examples of obstruction in Georgia:
- Resisting arrest, with or without using force
- Hindering a police investigation
- Lying to an officer
- Giving false or misleading information to an officer
- Running from an officer
- Threatening an officer
- Hitting an officer
Obstruction of a Law Enforcement Officer in Georgia is classified as either a misdemeanor or a felony. The difference exists within the offense itself and whether or not the accused person offered or committed violence towards the officer.
Misdemeanor Obstruction in Georgia
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).
If the state of Georgia finds you guilty beyond a reasonable doubt of misdemeanor obstruction and convicts you, you could face up to twelve months in jail, up to $1,000 in fines, or both.
Felony Obstruction in Georgia
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).
If the state of Georgia finds you guilty beyond a reasonable doubt of felony obstruction and convicts you,, you could face anywhere from one to five years in prison, a minimum fine of $300, community service, or anger management classes.
As I mentioned above, the state of Georgia will have to prove that the accused person is guilty beyond a reasonable doubt. No one should ever be assumed guilty just because they have been accused of a crime. That being said, as a Georgia Criminal Defense Lawyer, I cannot stress enough the importance of hiring representation if you or a loved one has been accused or charged with committing a crime in Georgia. Contact a Georgia Criminal Defense Attorney today.