According to an Alpharetta police report from January 15, 2018, Kimberly Harvey allegedly shoplifted from stores in North Point Mall, and when asked to stop repeatedly by police, she kept walking away. Harvey is a 24-year-old woman from Stone Mountain. She led the Alpharetta cops on a short chase before she was detained, handcuffed, and put in the backseat of a patrol car. That's when Harvey started kicking the rear window of the patrol car inducing the cops to remove her and restrain her feet. Harvey, then, assaulted one of the female officers. She kicked her in the head and threatened to spit on the other officers. Eventually, she was restrained and taken to the Fulton County jail.
Let's always remember that even though someone is accused of a crime that doesn't mean that he or she is guilty of that crime or that every allegation is true. However, if the accusations against Kimberly Harvey are correct, she is facing some serious charges in Georgia. Let's focus on the most apparent offense - the offense of felony obstruction in Georgia.
The Georgia Code defines obstructing law enforcement officers as
“When a person 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 by offering or doing violence to the person of such officer or legally authorized person.” - O.C.G.A. §16-10-24(b)
Obstructing a law enforcement officer can be a misdemeanor or a felony in Georgia. A felony obstruction charge means that violence is either offered or done to the police officer. The cop doesn't have to be injured for someone to be charged with felony obstruction. It can be as “small” as a violent threat. To simplify - if an officer has a legitimate reason for stopping someone, that person can't run or delay the officer's investigation.
Looking at a felony obstruction charge is intimidating. It can result in a prison sentence of anywhere from one to five years, thousands of dollars in fines, community service, and/or anger management courses. This felony, as well as any other, isn't something to be taken lightly. We are here to help. Arrests tend to be extremely tense, and most of the time, people are upset and overreact. This is why hiring a Georgia Criminal Defense Attorney is so crucial in a criminal case. Here, at Lawson and Berry, we explore all potential and viable defenses. We ensure that a person who is accused of a crime is never assumed to be guilty.
If you or a loved one has been charged with a crime, contact one of our Georgia Criminal Defense Lawyers today, so that we can get started on your case.