An inmate in Cobb County is now facing more charges after an alleged attack on a jailer while he was incarcerated.
According to reports, the inmate attacked the jailer and is now facing charges of aggravated battery and felony obstruction. Obstruction is also known as resisting or attacking an officer. This type of charge is commonly seen with charges for driving under the influence in Georgia.
As a Georgia DUI Lawyer, I will outline the law behind the offense of obstruction in the state of Georgia as it's a complicated law that encompasses many different behaviors towards law enforcement officers.
Obstruction in Georgia
Obstruction in Georgia is defined in the Georgia Code as: misdemeanor obstruction and felony obstruction.
Misdemeanor obstruction is defined in O.C.G.A. §16-10-24(a) 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 in O.C.G.A. §16-10-24(b) 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. Furthermore, the penalty could include community service and anger management classes.
If you have been arrested for a DUI or a related offense in the state of Georgia, call our lawyers now. We can help you now.