Fabian Garcia pleaded guilty to several charges in a negotiated plea deal on Monday in Hall County. He was accused of jumping into the driver's seat of a detained car this past summer and attempting to get away while two officers were attempting to search the vehicle.
Both officers were reported as being pulled down the road while still partially inside the car. The incident ended around two miles away.
Garcia was sentenced to 15 years in prison followed by a 10 year probation. One of the offense Garcia pleaded guilty to was felony obstruction of an officer. I will focus on the law behind obstruction in today's post.
Obstruction of a Police Officer in Georgia
Obstruction in Georgia is divided by law into a misdemeanor offense and a felony offense. The Georgia Code makes this separation in O.C.G.A. §16-10-24.
Misdemeanor Obstruction: 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.
Felony Obstruction: 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 and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.
In order to be charged and convicted of this offense, the law requires that you knowingly and willfully obstruct or hinder an officer in the lawful discharge of his official duties. This typically occurs when someone is arrested for DUI in Georgia or a type of drug possession. Obstruction can include activities as simple as: giving a false name or information to as serious as: hitting a police officer.
The most common types of obstruction cases are those where someone runs from the scene when confronted by police. The story covered above is a very serious case of obstruction in which violence was committed against an officer.
If you or a loved one has been arrested for resisting arrest or for another serious crime, contact our offices today. Obstruction is an offense typically paired with DUI, and if that is the case, you need a Georgia DUI Attorney. We are here to help every step of the way. Contact us now.