Rome, Ga. - What started out as a petty crime arrest resulted in shots being fired in Rome. A man allegedly stole his brother's shoes. When officers arrived to the scene of the alleged crime, the suspect resisted arrest. He got ahold of one of the officers tasers and used it on two of the six officers.
Then the suspect grabbed one of the officers guns and attempted to shoot. Fortunately no one was hit by the round. The remaining officers were able to detain the man and place him in handcuffs. He is now in the Floyd County Jail.
Although this story is unrelated to DUI in Georgia, however, he is facing charges that are common within DUI cases. One of the charges the man is facing is felony obstruction. As a Georgia DUI Lawyer, I will outline the law behind the offense of obstruction in today's post.
Obstruction in Georgia
Obstruction in Georgia is defined in O.C.G.A. §16-10-24. Obstruction can be charged as a felony or as a misdemeanor depending on the nature of the offense.
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.
Practice Note
Call us today if you have been arrested for a DUI related offense.
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