Cristina Cruz made headlines last year when she and her family were accused of fighting Lilburn police during a domestic incident.
Cruz decided to take her case to trial. She was convicted this past July of removing a weapon from a public officer, aggravated assault on a peace officer, and felony obstruction. This past week she was sentenced to 5 years of prison time.
As a Georgia DUI Lawyer, I will outline the offense of obstruction in today's post. Most people believe that it is merely resisting an arrest or hindering an officer from performing his or her rightful duties. However, the law is more extensive than that in Georgia. Obstruction can either be classified as a felony or a misdemeanor. See below.
Obstruction in Georgia
Obstruction in Georgia is defined by Georgia Law in §16-10-24 of the Georgia Code. The breakdown of the two levels of obstruction occurs in the first two sections of the law.
Misdemeanor obstruction is defined 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 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. On top of fines and prison time, a felony obstruction conviction could include community service and anger management classes.
Practice Note
If you or a loved one has been arrested, it is imperative that you contact an experienced attorney immediately. We are a Georgia DUI Defense Firm which means that we specialize in all charges related to DUI. This can range from obstruction to open container to traffic violations to drug possession.
Contact a Georgia DUI Attorney now.
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