A video discovered via social media ended up being brought to the attention of authorities in Clayton County.
The video shows a man aiming a gun at the officer as he conducts a routine traffic stop. Authorities identified the owner of the social media account and arrested the man earlier today.
As a Georgia Criminal Defense Lawyer, I will outline the offense of obstruction of a police officer in Georgia. This is only one of the offenses that the man has been accused of committing, however, the law behind obstruction can be a little confusing. Read below for more clarity.
Obstruction of a Police Officer in Georgia
Obstruction in Georgia is defined in O.C.G.A. § 16-10-24. By law there are two different levels of obstruction. The first level of obstruction is referred to as misdemeanor obstruction and is defined as:
A person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor.
The second level of obstruction is referred to as felony obstruction and is defined as:
Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.
Being convicted of misdemeanor obstruction results in Georgia Misdemeanor Penalties. This means that a conviction can result in 12 months of jail time and fines up to $1,000. Being convicted of felony obstruction results in Georgia Felony Penalties. This means that a conviction can result in up to five years of prison time.
Practice Note
Crimes involving authorities or other types of officers are taken very seriously here in the state of Georgia. If you have been arrested, contact our offices today.
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