How Georgia Law Defines Obstruction of Law Enforcement

Law enforcement’s job is to ensure the safety of the public. In certain instances, making it more difficult for an officer to carry out their duties can be considered a criminal offense in Georgia. Significantly, the law makes it a crime to obstruct or hinder law enforcement when lawfully carrying out their duties, and imposes steep penalties on those who have been found guilty of this offense. If you have been charged with either the misdemeanor or felony offense of obstruction of law enforcement, it’s essential that you have a skilled criminal defense attorney by your side who can fight the charges against you.

Key Takeaways

• Under Georgia law, it is a crime to obstruct or hinder a law enforcement officer while they are performing their official duties.
• There are two types of obstruction of law enforcement in Georgia: the crime can either be a misdemeanor or felony, depending upon whether it involves violent actions.
• A central issue in many obstruction cases is whether the law enforcement officer was acting within the scope of their lawful duties. If the officer’s conduct was unlawful, the law will not support a conviction.

What is Obstruction of Law Enforcement?

The crime of obstructing or hindering law enforcement is committed when a person knowingly and willfully interferes with, resists, or obstructs a law enforcement officer while they are performing their duties. Under Georgia law, there are two separate levels for this offense. The crime can be charged as either a misdemeanor or a felony, depending upon the facts and circumstances.

Notably, the offense of obstruction of law enforcement is not only limited to police officers. It also applies to sheriffs, deputy sheriffs, correctional officers, parole and probation officers, conservation rangers, school resource officers, and peace officers.

Misdemeanor Obstruction of Law Enforcement

Specifically, under O.C.G.A. § 16-10-24(a), a person can be found guilty of misdemeanor obstruction of law enforcement if they “knowingly and willfully” obstruct or hinder any law enforcement officer during the lawful discharge of their duties. Some jurisdictions refer to misdemeanor obstruction as the offense of hindering a law enforcement officer. In other words, the prosecution must demonstrate that the individual interfered with what the law enforcement officer was doing on purpose, not by accident. In addition, the officer must have been acting legally. The law does not support a conviction in cases involving unlawful arrests or improper police conduct.

Some common examples of misdemeanor obstruction of law enforcement can include:

• Refusing lawful commands from an officer
• Giving the officer false information
• Interfering with the carrying out of an investigation
• Running away from an officer
• Resisting arrest without force
• Lying to a law enforcement officer

The penalties for misdemeanor obstruction of law enforcement can include up to 12 months in jail and a monetary fine up to $1,000. A judge might also impose probation, community service, or mandate participation in an anger management program. Depending on the factors of the case, serving time is a very real possibility. This decision will be made by the sentencing judge.

Felony Obstruction of Law Enforcement

Not to be confused with the misdemeanor offense, the crime of law enforcement obstruction can rise to the level of a felony under O.C.G.A. § 16-10-24(b) if a person “knowingly and willfully resists, obstructs, or opposes any law enforcement officer… by offering or doing violence” to the officer. Simply put, this involves attempting or threatening force, or actually using force against the officer. The act committed must be intentional in order to constitute a felony, not accidental. The penalty for a first felony conviction carries a sentence of imprisonment for not less than one year nor more than five years. Subsequent violations can result in a sentence of three to fifteen years.

Some examples of felony obstruction of law enforcement can include the following:

• Punching, kicking, or pushing an officer
• Making threats against an officer’s family or stating anything like “you better watch out” or “ I know where you live.”
• Hitting or striking an officer
• Making threats toward the officer
• Using force against an officer during an arrest
• Attempting to grab the officer’s weapon

The penalties for felony obstruction of law enforcement can include one to five years in prison, along with a felony record which can have significant collateral consequences apart from the criminal conviction. Critically, a felony record can impact voting rights, firearm possession rights, employment, and the ability to secure housing. A judge may also impose substantial monetary fines in their discretion. Most often, a person convicted of felony obstruction will be given a prison sentence.

The “Lawful Duty” Limitation

Whether the officer was acting within the scope of their lawful discharge of their duties is a central issue in many cases involving obstruction of law enforcement. If the officer’s conduct was not in fact lawful, this can be a valid defense. For instance, if the officer did not have a valid reason for the arrest or failed to comply with Constitutional requirements, this can undermine the “lawful duty” element. Additionally, if an officer used excessive force or did not follow proper procedures, this can impact whether an individual’s resistance counts as obstruction.

Contact an Experienced Georgia Criminal Defense Attorney

If you are facing charges for misdemeanor or felony obstruction of law enforcement, it’s vital to have the representation of a knowledgeable criminal defense attorney who knows how to mount a solid defense. At The McCoy Law Firm, LLC, our attorneys have decades of experience providing representation for defendants facing a broad scope of criminal offenses throughout Georgia. Based in Cartersville, we serve clients throughout Bartow County, Cobb County, Cherokee County, Gordon County, Floyd County, and Paulding County. Please contact us today to schedule a consultation to learn how we can help.