According to reports out of Gwinnett County, a Florida man was wrongly accused and arrested for shoplifting at a local Walmart.
Security at the Walmart were attempting to help police detain a suspect for shoplifting. They flagged the wrong man however. When the wrong man walked out of the Walmart, police attempted to detain him instead.
The man then allegedly resisted arrest and punched the officer. Officers then resulted to using a Taser on him.
As a Georgia DUI Lawyer, I am very familiar with defending against accusations of people resisting arrest. The offense is known as obstruction and is commonly seen side by side with DUI in Georgia.
In today's post, I will define the law behind the offense of obstruction.
Obstruction in Georgia
Obstruction in Georgia is defined by Georgia Law in O.C.G.A. § 16-10-24. The statute divides the offense into misdemeanor and felony obstruction.
Misdemeanor obstruction is defined as:
A person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor.
If convicted of misdemeanor obstruction, a person is facing a jail sentence of 12 months and fines up to $1,000.
Felony obstruction is defined as:
Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony.
If convicted of felony obstruction, a person is facing up to five years of prison.
If you or a loved one has been arrested for DUI or a related offense, contact our offices today.
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