How Georgia Law Defines Felony Obstruction of Law Enforcement
Amid a myriad of challenges linked with the potential legal consequences of offenses such as drunk driving, sex-related crimes, murder, assault, armed robbery, and more in Atlanta, Georgia, one considerably significant criminal charge often overlooked is the felony obstruction of law enforcement. Understanding this charge is crucial for ensuring that those accused navigate the complex legal landscape effectively.
The Definition
Under Georgia law, felony obstruction occurs when a person knowingly and willfully obstructs a law enforcement officer during the performance of his duties. This behavior often involves threats or violence that could cause bodily harm to the officer, as stated under Section 16-10-24 of the Georgia Code. [1]
Felony Vs. Misdemeanor Obstruction
Georgia law differentiates between two types of obstruction: misdemeanor obstruction and felony obstruction. The former occurs when an individual resists but does not exhibit violence or threats that could injure the officer, while the latter involves the use of violence or threats.
Penalties for Felony Obstruction in Georgia
Felony obstruction of law enforcement in Georgia carries a significantly sterner penalty compared to a misdemeanor obstruction. It is categorized as a felony punishable by one to five years in prison, fines, or both. Each case is unique, and the sentencing relies heavily on the specific circumstances surrounding the offense.
Critical Defenses
- Unlawful Detention: If the law enforcement officer was acting beyond his legal authority when the obstruction happened, the charges might be dismissed.
- Misidentification: It can be argued that the individual accused was not the one who obstructed the officer.
- Self-Defense: If the officer employed unnecessary force, the defendant may have a valid claim of self-defense.
When charged with obstruction of a law enforcement officer in Georgia, it's crucial to hire an experienced criminal lawyer, especially in Atlanta, to help navigate these complex legal waters.
Know your rights
Understanding your rights during an encounter with law enforcement is vital. If you're facing charges for obstruction, knowing the basics of how Georgia law defines this crime and understanding the differences between misdemeanor and felony obstruction can make a difference in your case.
At Davis Madden & Associates, P.C., we aim to leverage the expertise of our trained lawyers in building a strong defense for clients. We understand the landscape of obstruction charges and stand ready to offer you the legal representation needed to navigate these charges effectively.
Get in touch with us today if you require a competent criminal lawyer in Atlanta or throughout Georgia, ready to fight for your rights.
The material provided on this blog site does not/is not intended to constitute legal advice. All content is for general information only.
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