Charged with Obstruction in Georgia? Here's What You Need to Know
Obstruction of a law enforcement officer is one of the most commonly charged crimes in Georgia—and also one of the most misunderstood. From simply refusing to provide ID to physically resisting arrest, obstruction charges cover a wide range of behaviors. The law is written broadly, giving police wide discretion to arrest, and prosecutors considerable leverage in court.
But here’s the truth: not all obstruction charges are valid, and many can be challenged, reduced, or even dismissed with the right defense.
Whether you're facing a misdemeanor charge for allegedly “hindering” an officer or a serious felony accusation involving force or threats, you need to understand the legal landscape.
This comprehensive guide breaks down the 25 most important things to know about obstruction in Georgia, including what the law actually says, how it’s applied in real cases, and how a skilled criminal defense attorney can help protect your rights.
Let’s dive in.
1. Georgia Law Defines Two Types of Obstruction
Under O.C.G.A. § 16-10-24, Georgia recognizes both:
- Misdemeanor obstruction (non-violent interference)
- Felony obstruction (interference involving threats or physical violence)
2. Misdemeanor Obstruction Is Commonly Charged
You can be charged with misdemeanor obstruction for:
- Providing false information
- Refusing to comply with lawful commands
- Delaying an officer’s investigation
- Passive resistance (e.g., refusing to be handcuffed)
Penalty: Includes up to 12 months in jail and $1,000 fine.
3. Felony Obstruction Involves Threats or Force
Felony obstruction occurs when someone:
- Threatens bodily harm to an officer
- Physically resists arrest or investigation
Penalty: Includes 1 to 5 years in prison, and it’s considered a serious violent felony.
4. You Can Obstruct More Than Just Police Officers
Obstruction applies to:
- Police officers
- Jail or prison staff
- Court officers
- Emergency medical personnel
5. Words Alone Can Be Enough for a Charge
Even speech—if threatening or knowingly misleading—can result in an obstruction charge. For example, lying about your name during a lawful investigation.
6. Passive Resistance Can Still Be Criminal
You don’t have to be violent to face obstruction charges. Standing still, pulling away from handcuffs, or simply refusing to answer questions may lead to charges if it hinders law enforcement.
7. Obstruction Charges Often Accompany Other Crimes
Obstruction is often tacked onto:
- Drug arrests
- DUI cases
- Domestic violence investigations
- Trespassing or loitering cases
8. Bodycam and Video Evidence Can Help—or Hurt
Police video footage is often critical. It can:
- Prove or disprove aggressive behavior
- Show whether a suspect actually delayed or hindered an officer
9. Police Discretion Plays a Big Role
Officers have broad discretion when charging someone with obstruction. This can lead to subjective arrests based on perceived disrespect or noncompliance.
10. Resisting Unlawful Arrest May Still Be Obstruction
Even if an officer is acting outside their authority, physically resisting may still lead to felony charges. The courts generally advise to comply and challenge the legality later in court.
11. Intent Matters
To convict someone of obstruction, prosecutors must prove intent—that the person knowingly and willfully hindered the officer.
12. There Are Legal Defenses to Obstruction
Common defenses include:
- Lack of intent
- False accusation
- Violation of constitutional rights
- Self-defense in cases involving excessive force
13. False Allegations Happen Frequently
Many obstruction cases stem from misunderstandings, poor communication, or retaliatory arrests following disputes with police. A skilled defense attorney can challenge the validity of the charge.
14. First-Time Offenders May Qualify for Diversion
In some Georgia jurisdictions, first-time obstruction offenders may be eligible for:
- Pretrial diversion programs
- Conditional discharge
- Probation in lieu of jail
15. Conviction Can Affect Gun Rights and Employment
A felony obstruction conviction may result in:
- Loss of firearm rights
- Difficulty obtaining jobs involving trust or responsibility
- Immigration consequences for non-citizens
16. Juveniles Can Also Be Charged
Minors often face obstruction charges in schools or during encounters with campus police. Juvenile court handles these cases differently, but penalties can still be severe.
17. Self-Defense May Apply to Excessive Force
If law enforcement uses excessive force, Georgia law may allow a self-defense argument. This must be handled carefully in court, with strong evidence of police misconduct.
18. The Statute Is Broad—But Not Unlimited
Courts have pushed back on overly broad interpretations of the obstruction statute, especially where the person’s actions are ambiguous or minimal.
19. Prosecutors Must Prove the Officer Was Lawfully Performing Duties
If the officer was not acting within their legal scope (e.g., making an unlawful demand or violating rights), the obstruction charge may not stand.
20. No Physical Contact Is Needed for Felony Charges
Even verbal threats—if perceived as real—can lead to felony obstruction charges.
21. Obstruction Convictions Can Be Appealed
If legal errors occurred during trial, or if evidence was insufficient, a criminal defense attorney can seek an appeal or motion for new trial.
22. Witness Testimony and Civilian Videos Can Help
Cell phone videos, third-party witnesses, and bystander recordings can contradict police reports and be pivotal in defense.
23. Disorderly Conduct Is Often Charged Alongside Obstruction
A person accused of being loud, aggressive, or verbally combative may face both obstruction and disorderly conduct charges.
24. Police Training and Internal Policies Can Be Used in Your Defense
Law enforcement policies on de-escalation and use of force may show that officers acted outside protocol—beneficial to your defense.
25. Hiring a Criminal Defense Attorney Is Crucial
Obstruction may seem like a minor offense—but it can spiral into a serious felony, jail time, and permanent criminal record. An experienced Georgia criminal defense attorney can:
- Negotiate with prosecutors
- Challenge unlawful arrests
- Suppress illegally obtained evidence
- Argue for reduced or dismissed charges
Frequently Asked Questions About Obstruction in Georgia
1. Is obstruction a felony or misdemeanor in Georgia?
Obstruction in Georgia can be either a misdemeanor or felony depending on the facts. Non-violent interference (e.g., refusing to comply or giving false information) is a misdemeanor under O.C.G.A. § 16-10-24(a). If threats or physical force are involved, it’s a felony under O.C.G.A. § 16-10-24(b).
2. What are the penalties for obstruction in Georgia?
- Misdemeanor obstruction: Up to 12 months in jail and a $1,000 fine
- Felony obstruction: 1 to 5 years in prison, and a permanent felony record
3. Can I be charged with obstruction even if I didn’t touch the officer?
Yes. Physical contact is not required. Verbal threats, refusing lawful commands, or providing false information can still result in obstruction charges—especially if they delay or hinder the officer’s duties.
4. Is resisting arrest the same as obstruction?
Not exactly. Resisting arrest often falls under the broader obstruction statute, but obstruction can also include non-arrest situations—such as interfering with an investigation or refusing to cooperate with a lawful traffic stop.
5. Can I be charged with obstruction for asserting my rights?
You have the right to remain silent and the right to an attorney. However, if asserting your rights is mistaken for noncompliance, police may still charge you. A defense lawyer can help distinguish between lawful conduct and alleged obstruction.
6. What should I do if I’m charged with obstruction in Georgia?
- Do not try to explain yourself to police without a lawyer.
- Contact a criminal defense attorney immediately.
- Preserve any video evidence or witness contact information.
A skilled attorney can challenge the charge, suppress evidence, or negotiate a favorable outcome.
7. Will obstruction charges stay on my record?
Yes—unless they are dismissed or expunged. A misdemeanor or felony conviction can remain on your permanent criminal record, affecting employment, housing, and your future. Pretrial diversion or dismissal may help avoid long-term consequences.
Take Obstruction Charges Seriously—And Get Legal Help Immediately
Being charged with obstruction in Georgia is not a minor issue—it can lead to jail time, a permanent criminal record, and even a felony conviction depending on the facts. Worse, obstruction is often added on top of other charges, amplifying your legal risk and complicating your case.
The good news? Many obstruction cases are defensible. Officers often overreach, misinterpret actions, or act based on emotion rather than evidence. With the help of an experienced Georgia criminal defense lawyer, you can challenge the prosecution's case, protect your rights, and work toward the best possible outcome—whether that’s a dismissal, reduced charge, or acquittal.
At The Sherman Law Group, we’ve defended countless clients facing obstruction charges throughout Georgia—from Atlanta and Fulton County to Gwinnett, Cobb, DeKalb, Forsyth, Cherokee and beyond. We understand how these cases are built—and how to take them apart.
If you or a loved one has been charged with obstruction, don’t wait. Call the obstruction lawyers at The Sherman Law Group today for a free, confidential consultation.
Let’s build your defense and fight back—starting now.