225, 573 S.E.2d 472 (2002). Trial court did not err in denying the defendant's request to charge the jury on misdemeanor obstruction as a lesser included offense of felony obstruction of a law enforcement officer, O.C.G.A. 309, 764 S.E.2d 890 (2014). 562, 436 S.E.2d 752 (1993). 178, 369 S.E.2d 798 (1988); Patterson v. State, 191 Ga. App. Pugh v. State, 280 Ga. App. Reddick v. State, 298 Ga. App. 2015). - Evidence was sufficient to enable a jury to find that the defendant obstructed or hindered a law enforcement official in violation of O.C.G.A. For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Davis v. State, 288 Ga. App. N.W., was charged Jan. 5 with theft by receiving stolen property and willful obstruction of law enforcement officers. Obstruction of justice is a fact-based offense under Georgia law. On appeal from convictions entered against the defendant for misdemeanor battery on a police officer, and misdemeanor obstruction of that officer entered against the defendant's parent, a charge that one could resist an unlawful arrest with reasonably necessary force was not required in either case as such was covered by the charge on the elements of the offense; moreover, as to the battery charge, because the defendant testified to never touching the officer, there was no requirement to charge on this affirmative defense. Meeker v. State, 282 Ga. App. 21, 660 S.E.2d 886 (2008). Obstruction was a "crime of violence" for federal Armed Career Criminal Act. 832, 763 S.E.2d 122 (2014). - Counts of felony obstruction of an officer and misdemeanor obstruction of an officer did not merge; with regard to the felony, the defendant struck and kicked one officer, and with regard to the misdemeanor, the defendant refused to comply with the commands of a second officer. Sworn reserve officer with arrest powers was a "law enforcement officer" within the meaning of O.C.G.A. - Evidence supported the defendant's conviction of obstructing or hindering a law enforcement officer by spitting on the officer; although the defendant denied spitting and argued that only two witnesses had testified otherwise, a fact could be established by one witness, and credibility was a jury matter. 51-1-6 for the declarant's alleged violation of the criminal statutes O.C.G.A. Evidence was sufficient to support an adjudication of delinquency based on obstruction of a law enforcement officer; the juvenile defendant's claim that an officer had not ordered the defendant to halt before the defendant ran off was contradicted by the officer's testimony; flight, or attempted flight, after a command to halt constituted obstruction of an officer. Banta v. State, 281 Ga. 615, 642 S.E.2d 51 (2007). 739, 218 S.E.2d 905 (1975); Bailey v. State, 190 Ga. App. Pinkston v. State, 277 Ga. App. 746, 660 S.E.2d 841 (2008). 365, 829 S.E.2d 433 (2019). 16-10-24(a). 40-6-395(a). Given the sheriff's uncontradicted statement that the sheriff ordered the streets cleared in the face of large scale rioting, and the evidence that the arrestees - later plaintiffs in a civil rights action - were among those who refused to obey the order and were arrested for obstructing the efforts of police officers to restore order, a jury issue was presented on whether their conduct hindered or impeded the sheriff in the lawful discharge of the sheriff's official duties. These are the most common examples of obstructing an officer. If you do these things intentionally, you will get different types of penalties. The maximum penalty for resisting or obstructing an officer without any physical harm or medical emergencies is around a $5000 fine or one-year imprisonment, or both. Frasier v. State, 295 Ga. App. 83, 473 S.E.2d 245 (1996); Cunningham v. State, 222 Ga. App. 66, 653 S.E.2d 358 (2007). 509, 411 S.E.2d 552 (1991); Hendrix v. State, 202 Ga. App. 645, 458 S.E.2d 675 (1995); Imperial v. State, 218 Ga. App. In the Interest of D.D., 287 Ga. App. What constitutes obstructing or resisting officer, in absence of actual force, 66 A.L.R.5th 397. 218, 507 S.E.2d 13 (1998); Pinchon v. State, 237 Ga. App. WebWhen a law enforcement officer is prevented from conducting his official duties, Georgia considers it the crime of obstruction. 35, 684 S.E.2d 108 (2009). Trial court did not err by rejecting the defendant's written request for a jury charge on misdemeanor obstruction of a law enforcement officer as a lesser included offense of felony obstruction because the evidence established that the defendant committed felony obstruction or no crime at all, thus, there was no evidentiary basis for the charge on the lesser included offense. Jackson v. State, 213 Ga. App. 884, 264 S.E.2d 319 (1980); In re Long, 153 Ga. App. WebAccording to RCW 9A.76.020, a person is guilty of obstructing a law enforcement officer if he willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties. You can explore additional available newsletters here. United States v. Linker, F.3d (11th Cir. Recent arrests around the county. 66, 622 S.E.2d 425 (2005). Sufficient evidence supported the defendant's conviction for obstructing an officer based on the evidence that showed that the defendant failed to follow the officer's instructions in that the defendant refused to exit the truck when told to do so; the defendant locked the door, rolled up the window and indicated calling9-1-1; and, after the officers pulled the defendant out of the truck, the defendant struggled with the officers, refused to be handcuffed, and tried to get up from the ground. Copley v. State, 347 Ga. App. Georgia may have more current or accurate information. WebObstructing a law enforcement officer such as a police officer is a gross misdemeanor in Washington State, punishable by up to 364 days behind bars and/or a maximum $5,000 fine. 16-11-37(a). Based on evidence that the defendant's conduct in hollering and cursing outside the house prevented an officer from continuing to photograph the scene and going inside to collect evidence and caused another officer to stop the officer's activities inside the house and come outside to assist, a rational trier of fact could have concluded that the defendant knowingly and willingly hindered the officer in the lawful charge of duties for purposes of a conviction for obstruction of an officer. 209, 422 S.E.2d 15, cert. 584, 591 S.E.2d 472 (2003); Hayes v. State, 281 Ga. App. Strobhert v. State, 241 Ga. App. Winder reconsiders use of Community Theater building. - Evidence was sufficient to sustain the defendant's conviction for giving false identifying information to and obstruction of law enforcement officers engaged in the lawful discharge of their official duties, O.C.G.A. 25, 2011). 796, 476 S.E.2d 18 (1996). 800, 348 S.E.2d 126 (1986). 2007). 16-10-24(a), and terroristic threats, O.C.G.A. 291, 638 S.E.2d 430 (2006). 312, 480 S.E.2d 614 (1997); Pearson v. State, 224 Ga. App. If you have been charged with obstruction, call us today at 404-581-0999 so we can get you into the office for a free consultation. 2d (N.D. Ga. Mar. Todd v. Byrd, 283 Ga. App. Charge on the right to resist an unlawful arrest was not required since the jury was instructed, among other things, that the state must prove beyond a reasonable doubt that the officer was acting in the lawful discharge of official duties. Wells v. State, 154 Ga. App. Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. Three suspects arrested in smoke shop armed robbery. 1130 (1908); Paschal v. State, 16 Ga. App. 760, 500 S.E.2d 627 (1998); Wilson v. State, 233 Ga. App. 222 (1910); McLendon v. State, 12 Ga. App. 16-10-24(a) since a reasonable officer could not have interpreted the conduct as a knowing and willful act of hindrance or obstruction or as a threat to officer safety. Evidence was sufficient to convict the defendant of misdemeanor obstruction of a law enforcement officer because, by resisting the officers as the officers performed the officers' duty of investigating the domestic disturbance call, the defendant obstructed or hindered the officers. Apr. Because sufficient evidence was presented that the defendant physically assaulted an off-duty sheriff's officer prior to arrest and continued to resist and obstruct the officer's official duties thereafter, the defendant was properly denied an acquittal and a new trial; moreover, given that the trial court properly charged the jury on the obstruction offense, explaining that a person committed the offense by knowingly and willfully obstructing or hindering a law enforcement officer in the lawful discharge of that officer's official duties, nothing beyond such was required. In the Interest of E.G., 286 Ga. App. 875, 833 S.E.2d 573 (2019). Force or violence is not an element of misdemeanor obstruction under O.C.G.A. Sharp v. State, 275 Ga. App. - Evidence that the handcuffed defendant kicked at the arresting officer and threatened to break the officer's leg was sufficient to convict defendant of felony obstruction, as the jury could have reasonably found that the threat of violence and attempts to kick the officer tended to hinder and impede the officer's efforts to secure defendant. Officers of the law, including judges, police officers, detectives, prosecutors, court officials, etc., need to able to work without interference. 2d 289 (2008). Johnson v. State, 264 Ga. App. denied, No. 16-10-24(a) when the defendant refused to obey commands to return to the defendant's vehicle while the officer was attempting to investigate a DUI in another vehicle containing a driver and three passengers. 16-10-24(a), as defense counsel conceded at trial that the officer's arrest was "legitimate," and no action was taken to suggest otherwise. Brown v. State, 240 Ga. App. Roberts v. Swain, 126 N.C. App. 16-10-24(b) when the defendant struggled with the officers over the vehicle. The evidence established only that the officer asked the defendant to come over here to talk to the officer, which was not a command. In the Interest of M.M., 287 Ga. App. - Contrary to the defendant's argument, the trial court did not err in failing to grant the defendant's motion for a directed verdict of acquittal in defendant's trial for obstruction of a law enforcement officer, O.C.G.A. There was sufficient evidence to convict defendant of obstruction of a law enforcement officer under O.C.G.A. Kight v. State, 181 Ga. App. Davis v. State, 308 Ga. App. Sufficient evidence supported convictions of aggravated assault, aggravated assault on a peace officer, obstruction of a law enforcement officer, interference with government property, and criminal trespass after the defendant admitted obstructing officers and damaging a patrol car and the victim's vehicle; although the defendant denied assaulting the victim and the responding officer, the jury was authorized to reject the defendant's testimony. Considers it the crime of obstruction of a law enforcement officer is prevented from conducting his official duties, considers... Of D.D., 287 Ga. App in the Interest of M.M., Ga.. ( 1910 ) ; Pinchon v. State, 190 Ga. App enforcement is. Of obstructing an officer for article on the 2015 amendment of this section! 627 ( 1998 ) ; Pearson v. State, 202 Ga. App S.E.2d (! The vehicle Georgia law, 458 S.E.2d 675 ( 1995 ) ; Patterson v. State, 218 Ga..! Code section, see 32 Ga. St. U.L of obstructing an officer 627 ( 1998 ) McLendon. ; Hayes v. 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