Understand the Law, Defend Your Rights, and Fight Back Against Obstruction Charges in Georgia
Obstruction of justice is a serious criminal offense in Georgia that involves hindering or interfering with law enforcement officers or other officials in the performance of their duties. Whether it involves a simple refusal to comply with an officer's instructions or physical violence against law enforcement, obstruction charges can lead to life-altering consequences.
The offense can be charged as either a misdemeanor or a felony, depending on the circumstances surrounding the alleged conduct.
As Georgia obstruction lawyers, we wanted to write a comprehensive guide, we will explore Georgia's obstruction laws in detail, including the statutory framework, key differences between misdemeanor and felony obstruction, examples, penalties, defenses, and why hiring a skilled criminal defense attorney is essential.
Table of Contents
- Overview of Georgia Obstruction Laws
- Legal Definitions and Statutes
- Misdemeanor Obstruction in Georgia
- Felony Obstruction in Georgia
- Key Elements the Prosecution Must Prove
- Common Examples of Obstruction
- Penalties for Obstruction Convictions
- Aggravating Factors and Enhanced Penalties
- Defenses to Obstruction Charges
- How Obstruction Charges Interact with Other Offenses
- Record Implications and Expungement
- What to Do if You Are Accused of Obstruction
- Why You Need a Georgia Criminal Defense Lawyer
- Frequently Asked Questions
- Contact Our Georgia Obstruction Defense Attorneys
1. Overview of Georgia Obstruction Laws
In Georgia, obstruction of justice refers to actions taken to interfere with or impede law enforcement officers or public officials from carrying out their lawful duties. These charges often arise during routine police encounters, arrests, traffic stops, or investigations. Georgia law recognizes two levels of obstruction:
- Misdemeanor obstruction involves non-violent resistance or interference.
- Felony obstruction involves physical threats or acts of violence against officers.
These charges are governed by O.C.G.A. §16-10-24.
2. Legal Definitions and Statutes
O.C.G.A. §16-10-24
This statute outlines obstruction in two subsections:
- Subsection (a) covers misdemeanor obstruction: "Whoever knowingly and willfully obstructs or hinders any law enforcement officer... in the lawful discharge of his or her official duties... shall be guilty of a misdemeanor."
- Subsection (b) covers felony obstruction: "Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer... by offering or doing violence to such person... shall be guilty of a felony."
The law applies to a broad category of public safety professionals, including:
- Police officers
- Sheriff’s deputies
- State patrol officers
- Correctional officers
- Probation and parole officers
3. Misdemeanor Obstruction in Georgia
Misdemeanor obstruction charges often result from verbal altercations, passive resistance, or minor acts of non-compliance during a police interaction. No physical violence or threats are involved.
Examples:
- Refusing to exit a vehicle when instructed
- Giving a false name or date of birth
- Verbally interfering with an arrest or investigation
- Walking away after being ordered to stop
- Arguing with an officer during a lawful investigation
Although non-violent, misdemeanor obstruction charges are not minor and can lead to a permanent criminal record.
4. Felony Obstruction in Georgia
Felony obstruction involves either the use of violence or a threat of violence directed at a law enforcement officer. These cases are prosecuted more aggressively due to the perceived threat to officer safety.
Examples:
- Physically resisting arrest (e.g., pulling away, struggling)
- Pushing, punching, or kicking an officer
- Threatening to assault an officer with a weapon
- Attempting to flee while endangering an officer
Even if no injury occurs, the threat or offer of violence can be enough to elevate the charge to a felony.
5. Key Elements the Prosecution Must Prove
For either misdemeanor or felony obstruction, the prosecution must establish the following elements:
- The defendant acted knowingly and willfully
- The action obstructed, hindered, or opposed
- A law enforcement officer or official
- The officer was performing lawful official duties at the time
- In felony cases, that violence was used or threatened
Each of these elements must be proven beyond a reasonable doubt.
6. Common Examples of Obstruction
Scenario 1: Traffic Stop
A driver refuses to hand over their license and registration and becomes verbally abusive. This may lead to misdemeanor obstruction.
Scenario 2: Arrest Resistance
During an arrest, a suspect shoves the officer and attempts to flee. This likely results in felony obstruction.
Scenario 3: False Statements
A witness provides intentionally false information during a police investigation. This may also be charged as obstruction.
7. Penalties for Obstruction Convictions
Misdemeanor Obstruction Penalties:
- Up to 12 months in county jail
- Up to $1,000 in fines
- Community service
- Probation
- Court-mandated counseling or anger management
Felony Obstruction Penalties:
- 1 to 5 years in state prison (first offense)
- 3 to 10 years in prison (if previously convicted of obstruction)
- Fines of several thousand dollars
- Mandatory restitution (if injuries occurred)
- Felony record with long-term consequences
8. Aggravating Factors and Enhanced Penalties
Certain circumstances can lead to more severe consequences:
- Injury to the officer: If the obstruction resulted in bodily harm to law enforcement, sentencing may be enhanced.
- Use of a weapon: Brandishing or using a weapon significantly raises the stakes.
- Multiple officers involved: Interference with multiple officers may be used to argue increased risk or intent.
Judges consider these factors during sentencing and may impose maximum penalties accordingly.
9. Defenses to Obstruction Charges
1. Lack of Intent
The defendant did not knowingly obstruct the officer’s duties. Misunderstandings or confusion may negate the "willful" element.
2. Unlawful Detention or Arrest
If the officer was not lawfully executing their duties (e.g., no probable cause), obstruction charges may not stand.
3. Self-Defense
If excessive force was used by the officer, the defendant may be justified in using force to protect themselves.
4. Constitutional Rights
Statements or conduct protected under the First Amendment cannot form the basis for obstruction.
5. Mistaken Identity
Sometimes, individuals are mistakenly identified as obstructing parties. Evidence such as surveillance or bodycam footage can support this defense.
10. How Obstruction Charges Interact with Other Offenses
Obstruction is often charged alongside other offenses:
- DUI: Resisting field sobriety tests or arrest
- Drug Possession: Attempting to hide or destroy evidence
- Assault: Physical altercations with officers
- Disorderly Conduct: Verbal abuse or aggressive behavior
Convictions on multiple charges can result in consecutive sentences, making legal representation even more important.
11. Record Implications and Expungement
A conviction for obstruction, especially a felony, can severely impact your future:
- Loss of employment or difficulty finding work
- Ineligibility for certain professional licenses
- Denial of firearm ownership rights (for felonies)
- Negative immigration consequences
In Georgia, misdemeanor obstruction may be eligible for record restriction under certain conditions, but felony obstruction is much harder to expunge.
12. What to Do if You Are Accused of Obstruction
- Remain calm: Avoid further escalation.
- Do not resist: Even passive resistance may be used against you.
- Ask for an attorney: Do not answer questions until legal counsel is present.
- Document the event: Take notes as soon as possible and preserve any video evidence.
- Call a criminal defense lawyer immediately.
13. Why You Need a Georgia Criminal Defense Lawyer
Obstruction cases can be complex and emotionally charged. Law enforcement officers often have the benefit of the doubt in court, which means your defense must be strategic and well-prepared. A Georgia criminal defense attorney can:
- Scrutinize the legality of the officer’s actions
- Identify constitutional violations
- File motions to suppress evidence
- Negotiate for reduced or dismissed charges
- Represent you at trial and protect your rights
Early intervention can mean the difference between a conviction and a second chance.
14. Frequently Asked Questions
Can I be charged for simply arguing with an officer?
Yes, but only if your actions meet the legal standard of "knowingly and willfully obstructing". Simple disagreement or rudeness may not qualify.
What if I was recording the officer with my phone?
Recording is generally protected under the First Amendment, as long as you are not interfering with their duties.
Is walking away from police obstruction?
It can be, especially if you were legally detained or told to stop.
Can obstruction be a federal crime?
Yes, in some cases obstruction can be charged under federal law, especially if it involves interference with federal officers or proceedings.
15. Contact Our Georgia Obstruction Defense Attorneys
Take Action Now If You're Facing Obstruction Charges in Georgia: Georgia Criminal Lawyer Near Me
Whether you’re facing misdemeanor or felony obstruction charges in Georgia, the consequences can be life-changing. From jail time and fines to a permanent criminal record, these charges carry serious penalties that can follow you for years. The law is often interpreted in favor of law enforcement, which means your side of the story needs to be forcefully and effectively told.
Don’t leave your future to chance.
At The Sherman Law Group, our criminal defense lawyers know how Georgia courts handle obstruction cases—and we know how to fight them. Whether your case involves a simple misunderstanding, a self-defense situation, or a questionable arrest, we will build a strong, strategic defense tailored to your situation.
Our team has successfully defended clients across the state and helped them avoid convictions, reduce charges, or win outright dismissals.
If you’ve been accused of obstruction in Georgia, time is critical. Contact our experienced criminal defense attorneys today for a confidential, no-obligation consultation. We’re here to protect your rights and fight for the best possible outcome.