A currently unidentified suspect allegedly fired shots at a DeKalb County officer after running from a traffic stop. He was a passenger in the vehicle being pulled over. The incident occurred at the intersection of Glenwood Road and Candler Road. Both the driver and the passenger are now in custody.
And fortunately, the officer was not hit and is in good condition.
As a Georgia DUI Lawyer, I will outline the offense of obstruction in Georgia as this is a charge that both of the individuals involved in the above situation are most likely facing.
Obstruction in Georgia
Obstruction of a law enforcement officer in Georgia is defined by the Georgia Code in two different classifications. There is felony obstruction as well as misdemeanor obstruction.
The Georgia Code defines misdemeanor obstruction as:
When a person knowingly or willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties. O.C.G.A. §16-10-24(a).
If convicted of misdemeanor obstruction, the penalty can be up to twelve months in jail, fines up to $1,000, or both.
The Georgia Code defines the felony version of obstruction as:
When a person knowingly and willfully resist, obstruct, or oppose 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. O.C.G.A. §16-10-24(b).
If convicted of felony obstruction, the penalty can be imprisonment of one to five years, a minimum fine of $300, community service, or anger management classes.
Therefore, as you can see from the different code sections, the difference between the two levels of offenses exists within the offense itself and whether or not the accused person offered or committed violence towards the officer.
Either level of obstruction is not an offense to be taken lightly. As a firm, we focus on Georgia DUI Defense, which means that we are dedicated to defending other traffic violations and DUI related offenses as well.
If you or a loved one has been arrested or has received a citation, contact a Georgia DUI Attorney today.
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