According to reports, officers were called to the Gainesville Free Chapel location to deal with an aggressive trespasser. The officer said that as he approached the woman she stood up and pointed a bottle of pepper spray at him. She quickly sprayed him in the left eye. The officer then tackled her and cuffed her, placing her under arrest.
Currently, the woman is still in the Hall County jail.
As a Georgia Criminal Defense Lawyer, I spend a lot of time explaining the law to people, and in today's post I will explain the criminal offense of obstruction in Georgia, the law behind it, and the consequences if convicted.
Obstruction in Georgia
Obstruction of a law enforcement officer in Georgia is defined in the Georgia Code as two different levels of offenses: 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.
Examples of obstruction include but are not limited to the following:
- 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
The Law Office of Lawson and Berry has helped so many people - including those facing obstruction charges. We specialize in Georgia Criminal Defense and can help you with your case now. We care about you and your future. If you or a loved one has been arrested, contact our offices today.