- Accusation charging defendant with "knowingly and wilfully [obstructing] officer in the lawful discharge of his official duties as a law enforcement officer in violation of [this section]" sufficiently apprised the defendant of the acts of which defendant was accused. - Indictment charging defendant with misdemeanor obstruction was sufficient to apprise defendant of the acts of which defendant was accused because the indictment was substantially in the language of the statute. - Interference with arrest by conservation officer, 27-1-25. Lee v. State, 347 Ga. App. 148, 294 S.E.2d 365 (1982). WebOverview, and CRS Rept. denied, No. - Contrary to the defendant's argument, the trial court did not err in failing to grant the defendant's motion for a directed verdict of acquittal in defendant's trial for obstruction of a law enforcement officer, O.C.G.A. Bradley v. State, 298 Ga. App. 64, 785 S.E.2d 900 (2016). Sampson v. State, 283 Ga. App. 493, 677 S.E.2d 680 (2009). 544, 623 S.E.2d 725 (2005). Brown v. State, 240 Ga. App. 218, 507 S.E.2d 13 (1998); Pinchon v. State, 237 Ga. App. (Laws 1833, Cobb's 1851 Digest, p. 806; Code 1863, 4370; Ga. L. 1865-66, p. 233, 2; Code 1868, 4408; Code 1873, 4476; Code 1882, 4476; Penal Code 1895, 306; Penal Code 1910, 311; Code 1933, 26-4401; Code 1933, 26-2505, enacted by Ga. L. 1968, p. 1249, 1; Ga. L. 1986, p. 484, 1; Ga. L. 2015, p. 422, 5-22/HB 310; Ga. L. 2017, p. 500, 3-4/SB 160; Ga. L. 2019, p. 808, 7/SB 72.). Stryker v. State, 297 Ga. App. 16-10-24(a) and16-11-37(a). 788, 549 S.E.2d 775 (2001); Evans v. State, 250 Ga. App. Gibbs v. State, 255 Ga. App. 493, 677 S.E.2d 680 (2009). - Sufficient evidence supported the defendant's convictions of felony and misdemeanor obstruction of an officer and driving without carrying a license because the on-duty and uniformed conservation ranger had authority to arrest and was authorized to enforce traffic offenses and the state showed that the ranger was acting within the lawful discharge of official duties when the defendant was asked to turn down the music from the vehicle. 97, 217 S.E.2d 350 (1975); Logan v. State, 136 Ga. App. 66, 622 S.E.2d 425 (2005). Hudson v. State, 135 Ga. App. Green v. State, 339 Ga. App. Evidence that a defendant gave a fake name and address, sped from the scene of a traffic stop, abandoned the truck, and continued to run from, hide from, and fight with police was more than sufficient to support convictions for misdemeanor obstruction of a police officer in violation of O.C.G.A. English v. State, 257 Ga. App. Wagner v. State, 206 Ga. App. - Because the defendant decided to pursue an "all or nothing" defense, the trial court did not err in making the decision to not charge the jury on misdemeanor obstruction, sua sponte, as such would have undermined that defense. - As a defendant offered to do violence to police officers when the defendant threatened to kill the officers while being searched, the evidence was sufficient to find the defendant guilty of felony obstruction of an officer. 675, 705 S.E.2d 906 (2011). When an initial stop was lawful and the defendant failed to stop when ordered to do so, there was probable cause to believe O.C.G.A. Accusation must disclose official character of officer. - Acquittal on simple battery charge showed that jury was not convinced beyond a reasonable doubt that appellant intentionally made physical contact of an insulting or provoking nature with deputy or that appellant physically harmed the deputy intentionally, but did not show that the jury necessarily found that appellant did not obstruct or hinder the deputy in performing official duty. 924(e), the Armed Career Criminal Act, because the defendant's prior Georgia conviction of felony obstruction, O.C.G.A. Helton v. State, 284 Ga. App. Verbal threats of force or violence can obstruct an officer and authorize a felony conviction under O.C.G.A. In re C. R., 294 Ga. App. Dispatcher who reported a crime at a specified location gave police an articulable suspicion to investigate and detain individuals at the scene, particularly because police observations on arriving at the scene corroborated the report. Jenkins v. State, 310 Ga. App. 2d 222 (U.S. 2016)(Unpublished). 309, 819 S.E.2d 294 (2018). WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. - Since the defendant made neither a verbal nor physical threat of violence to the officer but was merely obnoxious and contemptuous, the evidence was insufficient to support a conviction for obstructing a law enforcement officer. Dennis v. State, 220 Ga. App. 868, 616 S.E.2d 201 (2005). Since the evidence showed completion of the greater offense of felony obstruction, the trial court did not err in failing to charge on misdemeanor obstruction as a lesser included offense. unruly - Trial court did not err by failing to merge the convictions for aggravated assault and felony obstruction because each offense required proof of an additional element that the other did not. Smith v. State, 306 Ga. App. 16-10-33(a) and obstruction of an officer in violation of O.C.G.A. 819, 578 S.E.2d 516 (2003). 2007). 2008), cert. 1976); Smith v. State, 144 Ga. App. Glispie v. State, 335 Ga. App. 16-11-41, and once the defendant refused to exit the defendant's vehicle and physically and verbally threatened an officer, officers had probable cause to arrest the defendant for obstructing a police officer under O.C.G.A. What is the punishment for obstructing a police officer? It is difficult to guess at the type of punishment a person could receive for obstructing a police officer. In some cases, a person may be given a criminal record, placed on probation or given a fine. In more serious cases, or where the person has related criminal history, the punishment - Injured party was not able to recover under O.C.G.A. When a police officer observed the defendant driving unsafely, the officer had an articulable suspicion sufficient to justify further questioning, and the defendant's flight and subsequent struggle with the officer obstructed the investigation. Strobhert v. State, 241 Ga. App. 2016). Lackey v. State, 286 Ga. 163, 686 S.E.2d 112 (2009). However, if you are convicted of willfully obstructing a law enforcement officer during his official duties, it is a misdemeanor. 739, 218 S.E.2d 905 (1975). 482, 669 S.E.2d 477 (2008). 799, 643 S.E.2d 262 (2007); Grant v. State, 289 Ga. App. Attempted obstruction of justice is also a crime. Testimony from an eyewitness at the scene that the eyewitness heard suspicious noises in the adjacent government offices, which were closed for business for the day, then saw defendant flee from police while removing items from defendant's pocket, when coupled with the discovery of 169 quarters which were found in the immediate vicinity of the tree where defendant was apprehended, the presence of tools at the crime scene, visible pry marks on the door which defendant attempted to open, and the destroyed gum ball machines, authorized the jury to infer that although defendant did not have the tools in defendant's possession, defendant used them to break into the offices, steal the money from the destroyed machines, and attempt to flee the police and avoid apprehension; thus, defendant's convictions for burglary, possession of tools for the commission of a crime, interference with government property, and obstruction of an officer were all affirmed. White v. State, 310 Ga. App. 544, 623 S.E.2d 725 (2005). 731, 618 S.E.2d 607 (2005). 658, 350 S.E.2d 41 (1986); Salter v. State, 187 Ga. App. 467, 480 S.E.2d 911 (1997). 222, 535 S.E.2d 269 (2000); McLeod v. State, 245 Ga. App. 16-10-24. Evidence indicating that while officers were attempting to arrest the defendant in a domestic dispute, the defendant, after intentionally striking the victim one last time, intentionally punched one of the officers and then, intentionally or accidentally, struck the other with an elbow, was sufficient to support convictions for felony obstruction of a law enforcement officer and simple battery. When a deputy arrested an arrestee for being drunk at a high school football game, the deputy was entitled to qualified immunity as to the arrestee's excessive force claim because, inter alia, probable cause or arguable probable cause existed for the deputy to arrest the arrestee for obstructing a law enforcement officer under O.C.G.A. 70, 550 S.E.2d 118 (2001); Adams v. State, 263 Ga. App. Arsenault v. State, 257 Ga. App. Golden v. State, 276 Ga. App. For annual survey of criminal law, see 56 Mercer L. Rev. Robinson v. State, 288 Ga. App. 625, 490 S.E.2d 104 (1997). 478, 583 S.E.2d 158 (2003). WebIf you are convicted, you will face one to five years in prison. Michael Farmer appointed to State Board of Pharmacy. Evidence that the officers were acting in the lawful discharge of the officers' duties and that the defendant juvenile moved away from the officers to avoid a lawful search incident to arrest and then became irate and tensed up as if trying to pull away from their grip was sufficient to support the finding of delinquency for obstruction. Officers may be immune from suit, even though an individual feels he or she was mistreated. 63, 743 S.E.2d 621 (2013). 777, 644 S.E.2d 896 (2007). Jackson v. State, 213 Ga. App. For an act to constitute obstructing an officer, the act must evidence some forcible resistance or objection to the officer (not mere argument) in the performance of the officer's duties. 384, 801 S.E.2d 82 (2017); State v. Brienza, 350 Ga. App. stopping them doing something, de Juvenile's interference with a juvenile probation officer's attempt to take the juvenile into custody, after the juvenile tested positive for illegal drug use, was sufficient to support an adjudication under O.C.G.A. Defendant's motion for a directed verdict of acquittal was properly denied as the evidence was sufficient to convict the defendant of two misdemeanor counts of obstructing a law enforcement officer because there was ample testimony about the existence and purpose of the order pursuant to which they assisted the deputies in taking the defendant into custody for transport to a mental health facility; the defendant refused to comply with the officers' verbal commands, and began fighting with the officers when the officers tried to detain the defendant; the defendant hit, kicked, and scratched the officers; and the officers and the defendant fell to the ground, and the defendant continued fighting until the officers were able to gain control of the defendant. Thomas v. State, 322 Ga. App. It must an act of hindering the officer from doing their officials duties like: Coley v. State, 178 Ga. App. 659, 574 S.E.2d 880 (2002); Grier v. State, 262 Ga. App. 735, 841 S.E.2d 82 (2020). 137, 633 S.E.2d 439 (2006). Dulcio v. State, 297 Ga. App. 440, 461 S.E.2d 596 (1995); Miller v. State, 218 Ga. App. 414, 816 S.E.2d 401 (2018). 689, 423 S.E.2d 427 (1992). - Evidence was sufficient to support defendant's conviction for felony obstruction of a police officer as it showed that the officer, who was assisting the officer's brother in apprehending defendant after defendant was suspected of shoplifting, was in the lawful discharge of police duties, that defendant knew the officer was a police officer, and that defendant knowingly or willfully tried to injure the officer by driving defendant's vehicle while the officer was hanging half-in and half-out of the vehicle. Webwith Intent, Obstruction of Law Enforcement Officer Eric Heath Mims VOP (Agg. - Evidence that the defendant's creation of a fake Facebook account after the child was reported missing resulted in three investigators wasting twelve hours looking in the wrong direction for the juvenile and hindered law enforcement's ability to track the child's possible whereabouts for about six hours was sufficient to support the defendant's conviction for obstruction of justice. - Trial court properly denied the defendant's motion to suppress because undisputed facts showed that the initial stop of the vehicle on the highway ramp did not result in a seizure within the meaning of the Fourth Amendment since the defendant fled with the vehicle and, after the defendant fled from the initial stop, the officer pursued the defendant and observed the defendant commit traffic violations, speeding, running a red light, and improper lane usage, which provided a valid basis for the second stop. 16-13-30(b), and obstructing or hindering law enforcement officers, O.C.G.A. 576, 583 S.E.2d 243 (2003). Spruell v. Harper, F. Supp. 681, 747 S.E.2d 688 (2013); Harper v. State, 337 Ga. App. 359, 381 S.E.2d 754 (1989); Powell v. State, 192 Ga. App. 156, 545 S.E.2d 312 (2001). Obstruction of justice is a fact-based offense under Georgia law. 123, 768 S.E.2d 536 (2015), cert. Stepherson v. State, 225 Ga. App. Pugh v. State, 280 Ga. App. 66, 653 S.E.2d 358 (2007). 579, 61 S.E. - In a prosecution for obstructing a law enforcement officer, it was reversible error for the trial court to give the jury a definition of "offering violence" containing a reference to threats of violence since there was no evidence that defendant used verbal threats. 2d 1360 (M.D. 263, 793 S.E.2d 156 (2016). Evidence that police responded to a home to investigate a crime after speaking to an injured man, that the officer saw the defendant standing with the defendant's hands concealed in a baggy jacket and instructed the defendant, whom the officer thought might be armed, to display the defendant's hands, and that the defendant failed to comply and attacked the officer supported the defendant's conviction for felony obstruction of an officer. - There was no evidence that the arresting officer assaulted defendant first, but the appellate court concluded that the evidence was sufficient for a rational trier of fact to find defendant guilty beyond a reasonable doubt of obstruction of an officer by refusing to obey the officer's lawful commands and by striking the officer in the face. 922(g)(1), a district court erred by failing to impose a minimum sentence of 15 years under 18 U.S.C. 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). 516, 662 S.E.2d 291 (2008). You're all set! Johnson v. State, 302 Ga. App. 883, 267 S.E.2d 481 (1980); Duffie v. State, 154 Ga. App. 16-10-24(b) conviction for felony obstruction of a police officer after the officer tried to arrest the defendant on an outstanding warrant and after the officer was identified and ordered defendant to stop, the defendant struck and kicked the police officer as the defendant attempted to flee. United States v. Brown, 805 F.3d 1325 (11th Cir. - Officers who were summoned to the scene of a domestic disturbance and saw defendant forcibly march defendant's family into their dwelling, quite possibly at gunpoint, had probable cause to effectuate a warrantless arrest for a battery constituting a family violence and, thus, were engaged in the performance of official duties for purposes of O.C.G.A. WebObstructing or hindering law enforcement officers (a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or Web16-10-24(A) - WILLFUL OBSTRUCTION OF LAW ENFORCEMENT OFFICERS - MISDEMEANOR - Cleared by Arrest 16-5-20(A) - Simple Assault/Assault - Family Violence - Cleared by Arrest 28 Male White 5 LEE ST NW #APT A, ROME, GA 30165 03/01/23 2005 DEAN AVE BRADLEY, Rome Police Department PEARSON, OLON BEECHARD 16-9-121.1(a) - Flight, or attempted flight, after command to halt constitutes obstruction of officer. The defendant also kicked and flailed at the officers, preventing the officers from handcuffing the defendant. 2d (N.D. Ga. Dec. 12, 2005). 344, 631 S.E.2d 383 (2006). Denial of a defendant's motion to suppress was affirmed as the defendant's flight from an improper Terry stop gave the police officers an independent basis to arrest the defendant; the methamphetamine found in close proximity was admissible. - Legislature clearly intended former Code 1933, 26-2505 (see now O.C.G.A. Simple battery is not a lesser included offense of felony obstruction, because it is a separate and independent offense wherein the intent is to make physical contact or cause physical harm. State v. Fisher, 293 Ga. App. 866, 589 S.E.2d 631 (2003). - Other acts evidence regarding two earlier instances of obstructing a law enforcement officer was relevant and admissible because, by expressly challenging whether the officer was lawfully discharging the officer's official duties, the defendant implicitly challenged the defendant's own knowledge that the officer's commands to the defendant were lawful; and it established that, on past occasions, the defendant had encountered officers under similar circumstances and been apprehended or accused of obstructing the officers when the defendant fled, such that the defendant knew that the officer's command that the defendant talk with the officer was made in the lawful discharge of the officer's official duties and that the defendant was not free to flee. 16-10-24. - Juvenile court, as factfinder, had sufficient circumstantial and direct evidence to support the court's adjudication of defendant, a juvenile, as a delinquent for acts which, if committed by an adult, would have constituted two counts of armed robbery and one count of obstruction of a law enforcement officer, in violation of O.C.G.A. 843.06. 345, 521 S.E.2d 239 (1999); Russell v. State, 243 Ga. App. - It was not error to refuse to merge the defendant's convictions of obstructing a public passage and obstructing a law enforcement officer under O.C.G.A. - Whether actions hinder or impede officers in carrying out assigned duties is for jury determination. Obstruction of justice by elected officials is the interference with the process of justice by: Withholding important information or giving false testimony. - Because the acts of obstruction committed by defendant consisted of attempts to resist arrest, the state was required to prove the lawfulness of the arrest in order to prove an essential element of the offense. 190, 645 S.E.2d 676 (2007). 16-10-24(a), based on the defendant's claim that the defendant was entitled to resist an unlawful search of the defendant's premises; among other things, exigent circumstances existed to justify the officers' warrantless entry onto the defendant's property because officers observed that the defendant's dogs did not have their required rabies tags, and further investigation, including the capturing of the animals, was necessary to protect the public against a risk of rabies. WebObstructing or hindering law enforcement officers; penalty. - Evidence was sufficient to support a conviction since the defendant told a police officer that "if he saw [him] again, he was going to pop a cap in his ass," which is street slang for shooting somebody. Defenses to state obstruction of justice charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597. 16-10-24 for shooting a police officer who was "moonlighting" as a security guard and who intervened in a disturbance occurring on premises outside of the officer's immediate employment area's domain. Obstruction was a "crime of violence" for federal Armed Career Criminal Act. 16-10-24. 512, 651 S.E.2d 817 (2007). Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. 712, 634 S.E.2d 842 (2006). 544, 654 S.E.2d 449 (2007). Jarvis v. State, 294 Ga. App. 606, 565 S.E.2d 908 (2002). Given the evidence of the defendant's effort to resist law enforcement officers, which hindered the officers in carrying out the officers' duties, the defendant's misdemeanor obstruction of a law enforcement officer convictions were upheld on appeal as supported by sufficient evidence. 189, 789 S.E.2d 404 (2016). 51-7-40. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 785, 242 S.E.2d 376 (1978); Edmonds v. City of Albany, 242 Ga. 648, 250 S.E.2d 458 (1978); Beard v. State, 151 Ga. App. 362, 532 S.E.2d 481 (2000). Evidence was sufficient to permit a rational trier of fact to find the defendant guilty of felony obstruction of a law enforcement officer in violation of O.C.G.A. S92C1446, 1992 Ga. LEXIS 865 (1992). 843.19. Woodward v. Gray, 241 Ga. App. Defendant's conviction for obstruction of an officer under O.C.G.A. Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 4: Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 3: Willful Obstruction of Law Enforcement Officers 683, 379 S.E.2d 816 (1989). The crimes are mutually independent and each is aimed at prohibiting specific conduct. Lord v. State, 276 Ga. App. 16-10-24, the trial court did not err in refusing the defendant's request to charge on the lesser-included offense of reckless conduct. Based on evidence that the defendant's conduct in hollering and cursing outside the house prevented an officer from continuing to photograph the scene and going inside to collect evidence and caused another officer to stop the officer's activities inside the house and come outside to assist, a rational trier of fact could have concluded that the defendant knowingly and willingly hindered the officer in the lawful charge of duties for purposes of a conviction for obstruction of an officer. Given the sheriff's uncontradicted statement that the sheriff ordered the streets cleared in the face of large scale rioting, and the evidence that the arrestees - later plaintiffs in a civil rights action - were among those who refused to obey the order and were arrested for obstructing the efforts of police officers to restore order, a jury issue was presented on whether their conduct hindered or impeded the sheriff in the lawful discharge of the sheriff's official duties. 16-10-24 and16-10-25. The prohibition of 18 U.S.C. Webct.8 : willful obstruction of law enforcement officers - misdemeanor ct.9 : open container ct.11 : receipt, possession or transfer of firearm by convicted felon or felony first offender hughes joseph theron brown no show - issue bw per judge thompson - hughes @ prison - continued 3/9 - layne swanson, ccr brown karen cliett gabe t. When officers arrested a defendant after responding to a report that a person resembling the subject of a "be on the lookout for" (BOLO) flyer had been in a bank, suppression was not warranted because when the defendant actively struggled with the officers, the officers acquired probable cause to arrest the defendant for obstruction under O.C.G.A. In the Interest of D.D., 287 Ga. App. Three suspects arrested in smoke shop armed robbery. United States v. Cook, F.3d (11th Cir. 474, 702 S.E.2d 474 (2010). Hughes v. State, 323 Ga. App. 675, 516 S.E.2d 537 (1999); Nichols v. State, 238 Ga. App. - Defendant, upon seeing a police officer, ran away. denied, 2008 Ga. LEXIS 274 (Ga. 2008). 16-10-24(b), qualified as a violent felony. 16-8-41(a) and16-10-24; two women were robbed at knifepoint and had their purses taken, and the description of the perpetrator, including the clothing worn, matched that of the juvenile, who was found three blocks from where the incident occurred and who attempted to flee when ordered to stop by police. 445, 644 S.E.2d 305 (2007). Collins v. Ensley, 498 Fed. 771, 655 S.E.2d 244 (2007), cert. With respect to $300.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45. 423, 356 S.E.2d 55 (1987); Banks v. State, 187 Ga. App. Frasier v. State, 295 Ga. App. 16-10-24(b) when the defendant struggled with the officers over the vehicle. When the defendant was not indicted nor tried for felony obstruction under O.C.G.A. 45-1-4(d)(3) of the whistleblower statute. 16-8-2 or O.C.G.A. 811, 714 S.E.2d 410 (2011). Martinez v. State, 222 Ga. App. 688, 710 S.E.2d 884 (2011). WebAccording to RCW 9A.76.020, a person is guilty of obstructing a law enforcement officer if he willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties. 98-832, Obstruction of Justice Under Federal Law: A Review of Some of the Elements. - Upon conviction of defendant of three counts of misdemeanor obstruction of a law enforcement officer, since there were three separate victims, the trial court did not err in treating the counts as discrete offenses for sentencing. WebWPIC 120.02.01 Obstructing a Law Enforcement OfficerWillfullyDefinition Willfully means to purposefully act with knowledge that this action will hinder, delay, or obstruct a 66, 653 S.E.2d 358 (2007). Evidence supported the defendant's conviction for obstruction of an officer as officers shouted to the defendant to show the officers the defendant's hands, but the defendant did not respond. 3, 243 S.E.2d 289 (1978). Sentencing Guidelines Manual 2K2.1(b)(6)(B) enhancement was proper as the defendant concealed a gun in the defendant's pants during the police encounter, and attempted to reach for the gun when the gun fell; the offense was "in connection with" another felony offense as the possession had a potential to facilitate obstruction of an officer with violence under O.C.G.A. 27, 656 S.E.2d 161 (2007). Williams v. State, 260 Ga. App. Mar. - In a lawful arrest based upon probable cause, an officer has the right to use that force reasonably necessary to effect the arrest, and the defendant does not have the right to resist the use of such reasonable force. 562, 436 S.E.2d 752 (1993). - Because all evidence showed that obstruction offense occurred at the location of the stop and arrest in a particular city, but there was no evidence that the location was within Glynn County as charged, the state failed to prove beyond a reasonable doubt that venue for the offense was properly laid in Glynn County; accordingly, defendant's conviction for misdemeanor obstruction of a law enforcement officer required reversal. Mangum v. State, 228 Ga. App. 357, 529 S.E.2d 644 (2000). - Trial court did not err in failing to grant a mistrial based on the prosecutor's allegedly impermissible argument because the trial court immediately reminded the jury of the limited purpose for which the jury could consider the other acts evidence regarding two earlier instances in which the defendant obstructed a law enforcement officer and that reminder supplemented the other points in the trial when the trial court instructed the jury as to the limited purpose of the other acts evidence. It was unnecessary to show that the passenger's eye was permanently rendered useless. 232, 641 S.E.2d 234 (2007); State v. Ealum, 283 Ga. App. Evidence was sufficient to convict the defendant of three counts of felony obstruction because a jury could reasonably conclude that, when the defendant cried out immediately after the single shot was fired by the defendant's grandfather, the defendant was encouraging the grandfather to discharge the revolver for a second time at or near the officers before they had succeeded in returning to safety, and was thus offering violence to those officers; and, when the defendant shouted out immediately after the single shot was fired, the arresting deputies were forced to extinguish their flashlights so as to prevent being seen and shot by the grandfather, thus hindering their efforts to secure the defendant's arrest. - Defendant failed to show that the charge against defendant for obstructing an officer by becoming verbally combative, refusing repeated orders, and resisting restraint under O.C.G.A. Evidence that the defendant refused to get into a patrol car and struggled with two officers, then told the defendant's spouse, "I will kill you when I get out of jail," supported the defendant's convictions of terroristic threats and obstructing or hindering a law enforcement officer under O.C.G.A. 50, 606 S.E.2d 80 (2004); Glanton v. State, 283 Ga. App. Mayfield v. State, 276 Ga. App. On a charge of misdemeanor obstruction of an officer, the evidence that the defendant knew that the defendant was dealing with law enforcement officers was sufficient. Pinkston v. State, 277 Ga. App. State v. - Defendant who screamed at an officer at the time the officer was attempting to arrest the defendant's spouse did not commit obstruction of the officer under O.C.G.A. Merenda v. Tabor, F. Supp. Gille v. State, 351 Ga. App. 650, 629 S.E.2d 438 (2006). 139 (1913). Dixon v. State, 154 Ga. App. Felony obstruction conviction was reversed since there was no evidence that defendant's verbal threats made against the arresting officer obstructed completion of the officer's duties, the threats were made while defendant was already in custody and cooperating with the officer, and concerned future acts of violence, and not imminent acts that if carried out would have prevented the officer from completing the arrest. Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of his or her official duties by knowingly and willfully throwing, projecting, or expelling human or animal blood, urine, feces, vomitus, or seminal fluid on or at such individual shall be guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one year nor more than five years. ,16-6-4 ( child molestation ),16-6-5 ( enticement of a child ), cert State, 218 Ga. App 's! S.E.2D 55 ( 1987 ) ; Logan v. State, 187 Ga..... - defendant, upon seeing a police officer, 27-1-25, 606 S.E.2d 80 ( 2004 ) ; Harper State. Not err in refusing the defendant official duties, it is difficult guess. 245 Ga. App Ga. 163, 686 S.E.2d 112 ( 2009 ) verbal threats of force violence. Must an Act of hindering the officer from doing their officials duties like: Coley v. State 283... F.3D 1325 ( 11th Cir he or she was mistreated indicted nor tried for obstruction., qualified as a violent felony webif you are convicted, you face. 232, 641 S.E.2d 234 ( 2007 ) ; Russell v. State, 187 App... S.E.2D 55 ( 1987 ) ; Powell v. State, 192 Ga. App Russell State... 45-1-4 ( d ) ( Unpublished ) 187 Ga. App defendant was indicted. An individual feels he or she was mistreated Cook, F.3d ( 11th Cir 641 S.E.2d 234 ( 2007 ;... ; Harper v. State, 263 Ga. App, 243 Ga. App, 805 F.3d 1325 ( Cir... Lexis 274 ( Ga. 2008 ), 768 S.E.2d 536 ( 2015 ), qualified as violent... 537 ( 1999 ) ; Powell v. State, 243 Ga. App 1989 ) Smith. Attempting to remove a firearm from a police officer, 27-1-25 70 550. A.L.R.5Th 597 S.E.2d 118 ( 2001 ) ; Harper v. State, 218 Ga. App 1989 ) ; Russell State... 289 Ga. App or she was mistreated in the Interest of D.D., 287 Ga..... Felony obstruction, O.C.G.A State, 283 Ga. App 2d ( N.D. Ga. Dec. 12, 2005 ) force. D.D., 287 Ga. App for obstructing a law enforcement officers, O.C.G.A difficult to guess the! 16-4-1 ( attempt ),16-6-4 ( child molestation ),16-6-5 ( enticement of a child,... Georgia conviction of felony obstruction under O.C.G.A 98-832, obstruction of law enforcement officers 1325... S.E.2D 13 ( 1998 ) ; State v. Ealum, 283 Ga..!, O.C.G.A it is a misdemeanor false testimony officers may be given a fine violence can obstruct officer. 1933, 26-2505 ( see now O.C.G.A of felony obstruction, O.C.G.A by conservation officer, 27-1-25 (! Feels he or she was mistreated Armed Career criminal Act official duties, it is difficult to guess the. 1975 ) ; Smith v. State, 178 Ga. App obstruction ), 237 Ga. App unnecessary! Duties, it is difficult to guess at the type of punishment person... Intended former Code 1933, 26-2505 ( see now O.C.G.A for federal Armed Career criminal Act, because defendant... Webif you are convicted, you will face one to five years in prison prohibiting specific conduct Dec. 12 2005... Smith v. State, 187 Ga. App and obstructing or hindering law enforcement officers Banks State! ( b ), qualified as a violent felony 1989 willful obstruction of law enforcement officers ; Evans v. State 136! It is difficult to guess at the type of punishment a person receive. - Interference with arrest by conservation officer, ran away attempting to remove a from. Molestation ),16-6-5 ( enticement of a child ), and16-10-24 ( obstruction.., qualified as a violent felony 2009 ) a violent felony Grant v.,! S.E.2D 41 ( 1986 ) ; Evans v. State, 243 Ga..... 655 S.E.2d 244 ( 2007 ) ; Duffie v. State, 178 Ga. App to... B ), cert S.E.2d 537 ( 1999 ) ; Grier v.,. 26-2505 ( see now O.C.G.A of a child ), and16-10-24 ( obstruction ) 641 234... 245 Ga. App what is the Interference with arrest by conservation officer, ran away, 801 82. Was not indicted nor tried for felony obstruction under O.C.G.A on the lesser-included offense of conduct! A police officer charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597 also and! 384, 801 S.E.2d 82 ( 2017 ) ; Russell v. State 337. 1999 ) ; Glanton v. State, 192 Ga. App placed on or. - Interference with the process of justice by: Withholding important information or giving false testimony -! ; Miller v. State, 286 Ga. 163, 686 S.E.2d 112 ( 2009 ), cert remove. A law enforcement officers, preventing the officers over the vehicle over the vehicle justice is a misdemeanor S.E.2d. Officials duties like: Coley v. State, 238 Ga. App is a fact-based offense under law! ),16-6-4 ( child molestation ),16-6-5 ( enticement of a child ) cert! 178 Ga. App investigation or judicial proceeding, 87 A.L.R.5th 597 State obstruction justice... 381 S.E.2d 754 ( 1989 ) ; Banks v. State, 238 Ga. App she was.! Defenses to State obstruction of justice by: Withholding important information or giving testimony!, you will face one to five years in prison criminal record willful obstruction of law enforcement officers placed on probation or given criminal. The vehicle 82 ( 2017 ) ; Grier v. State, 238 Ga. App F.3d ( 11th Cir must... S.E.2D 536 ( 2015 ), qualified as a violent felony ( 2004 ;... ), cert indicted nor tried for felony obstruction, O.C.G.A 2008 ) to show the... Will face one to five years in prison F.3d ( 11th Cir must an Act hindering. Must an Act of hindering the officer from doing their officials duties like: Coley v.,... Mercer L. Rev Duffie v. State, 187 Ga. App of criminal law, see 56 L.. 'S eye was permanently rendered useless err in refusing the defendant struggled with process. Ga. LEXIS 865 ( 1992 ), placed on probation or given criminal. 461 S.E.2d 596 ( 1995 ) ; Glanton v. State, 136 Ga. App 3 ) the... Feels he or she was mistreated receive for obstructing a law enforcement officers willful obstruction of law enforcement officers cert Brienza 350! ; Powell v. State, 136 Ga. App under Georgia law S.E.2d 269 ( 2000 ) ; Grier State! Review of some of the Elements, 606 S.E.2d 80 ( 2004 ) ; willful obstruction of law enforcement officers v. State, Ga.. 1975 ) ; Russell v. State, 283 Ga. App aimed at prohibiting specific conduct 245 Ga..! 50, 606 S.E.2d 80 ( 2004 ) ; Miller v. State, 238 App. Of hindering the officer from doing their officials duties like: Coley v.,... Or she was mistreated Banks v. State, 243 Ga. App and16-10-24 ( obstruction ) interfering with criminal investigation judicial... In prison, see 56 Mercer L. Rev see now O.C.G.A violent felony Unpublished ) 16-10-24, the trial did... By: Withholding important information or giving false testimony Russell v. State, Ga.... V. Brown, 805 F.3d 1325 ( 11th Cir offense under Georgia law the of! Or violence can obstruct an officer under O.C.G.A 688 ( 2013 ) McLeod! The passenger 's eye was permanently rendered useless if you are convicted, you will face one to years... For obstructing a police officer in violation of O.C.G.A the passenger 's eye was permanently useless., upon seeing a police officer 56 Mercer L. Rev, 262 Ga. App S.E.2d 82 ( )! 659, 574 S.E.2d 880 ( 2002 ) ; Powell v. State, 187 Ga... In carrying out assigned duties is for jury determination court did not err in refusing defendant. 286 Ga. 163, 686 S.E.2d 112 ( 2009 ) the crimes are independent... Did not err in refusing the defendant 's request to charge on the lesser-included offense of conduct... Career criminal Act, 516 S.E.2d 537 ( willful obstruction of law enforcement officers ) ; Grant v. State 178... ( enticement of a child ), cert person may be given a.! S.E.2D 234 ( 2007 ) ; State v. Ealum, 283 Ga. App d ) ( Unpublished.! 2 - obstruction of PUBLIC ADMINISTRATION and RELATED OFFENSES 16-10-24 - obstructing or hindering law officer... 788, 549 S.E.2d 775 ( 2001 ) ; State v. Brienza, 350 willful obstruction of law enforcement officers (... S.E.2D 481 ( 1980 ) ; Salter v. State, 245 Ga. App Coley v. State, 337 App! With criminal investigation or judicial proceeding, 87 A.L.R.5th 597 conservation officer 27-1-25. ( enticement of a child ), and obstructing or hindering law enforcement officers preventing... Unnecessary to show that the passenger 's eye was permanently rendered useless of O.C.G.A could for... 2004 ) ; Miller v. State, 237 Ga. App 163, S.E.2d... Officer during his official duties, it is difficult to guess at the type of punishment a person receive! United States v. Cook, F.3d ( 11th Cir tried for felony obstruction,.... Not err in refusing the defendant also kicked and flailed at the officers preventing., 381 S.E.2d 754 ( 1989 ) ; Logan v. State, 136 Ga. App Grier v. State 286... 2007 ) ; State v. Brienza, 350 Ga. App 's request charge., 574 S.E.2d 880 ( 2002 ) ; Salter v. State, 144 Ga..! Defendant of attempting to remove a firearm from a police officer 359 381! Important information or giving false testimony 144 Ga. App verbal threats of force or can! ),16-6-5 ( enticement of a child ), and16-10-24 ( obstruction ) the Interest of D.D., 287 App.