550, 529 S.E.2d 381 (2000). Reeves v. State, 346 Ga. App. You can explore additional available newsletters here. 92, 640 S.E.2d 673 (2006). 778, 673 S.E.2d 286 (2009). denied, 2008 Ga. LEXIS 274 (Ga. 2008). 552, 718 S.E.2d 884 (2011). Feb. 27, 2013)(Unpublished). - Evidence was sufficient to sustain the defendant's conviction for giving false identifying information to and obstruction of law enforcement officers engaged in the lawful discharge of their official duties, O.C.G.A. Sharp v. State, 275 Ga. App. Alvarez v. State, 312 Ga. App. 493, 677 S.E.2d 680 (2009). On a summary judgment motion, under 42 U.S.C. WebObstructing or hindering law enforcement officers; penalty. Dixon v. State, 154 Ga. App. 828, 676 S.E.2d 274 (2009). Poe v. State, 254 Ga. App. 16-10-56. Martinez v. State, 322 Ga. App. In the Interest of M. W., 296 Ga. App. 386, 714 S.E.2d 31 (2011). 21, 222 S.E.2d 856 (1975); Pate v. State, 137 Ga. App. Johnson v. State, 264 Ga. App. 11, 635 S.E.2d 283 (2006). 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. 106, 739 S.E.2d 395 (2013); Brooks v. State, 323 Ga. App. Thompson v. State, 259 Ga. App. denied, No. denied, 2018 Ga. LEXIS 807 (Ga. 2018). - Defendant's motion to suppress suspected cocaine was properly granted as: (1) police officers lacked probable cause to arrest the defendant for obstruction of justice upon the defendant's flight; (2) an initial uncoercive encounter with the police did not constitute a seizure, and the defendant was free to leave at any time; and (3) the record was devoid of any evidence about the details of an anonymous tip that the defendant was seen selling drugs in the area of the encounter; moreover, given the tip's lack of detail and failure to predict future behavior, observation of the defendant's conduct might have warranted further investigation, but it did not rise to the level of reasonable suspicion needed to briefly detain or even arrest. Kelley v. State, 171 Ga. App. 153 (2004). - 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. 113, 335 S.E.2d 622 (1985). 16-4-1 (attempt),16-6-4 (child molestation),16-6-5 (enticement of a child), and16-10-24 (obstruction). 874, 354 S.E.2d 202 (1987). Wilson v. Attaway, 757 F.2d 1227 (11th Cir. 233, 651 S.E.2d 155 (2007), cert. 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. Davis v. State, 288 Ga. App. Sworn reserve officer with arrest powers was a "law enforcement officer" within the meaning of O.C.G.A. 256, 439 S.E.2d 510 (1993); Okongwu v. State, 220 Ga. App. 562, 436 S.E.2d 752 (1993). Injury to the officer is not an element of felony obstruction of an officer. Turner v. Jones, F.3d (11th Cir. 562, 436 S.E.2d 752 (1993). It was unnecessary to show that the passenger's eye was permanently rendered useless. - Given that the state adduced sufficient evidence establishing all the elements of the offense of felony obstruction in violation of O.C.G.A. Defenses for Obstruction of Justice in Atlanta Georgia From Yeargan & Kert, LLC Cobble v. State, 297 Ga. App. 16-10-24(a). Strobhert v. State, 241 Ga. App. Wagner v. State, 206 Ga. App. 677, 225 S.E.2d 95 (1976); United States v. Gidley, 527 F.2d 1345 (5th Cir. Avery v. State, 313 Ga. App. Kates v. State, 271 Ga. App. Williams v. State, 192 Ga. App. 1563 (M.D. When the totality of the circumstances, including the location of the car and the defendant's position in the car, indicated that the defendant was in actual physical control of the vehicle and in possession of an open container of an alcoholic beverage, even though the defendant was not seen driving the car, there was sufficient evidence that the police officers' act of questioning the defendant was more than a consensual inquiry and was within the scope of the officers' official duties so that a jury could reasonably determine that the defendant's use of a false name was a violation. Sufficient evidence supported the defendant's conviction for obstruction and fleeing because the evidence showed that both deputies were in uniform and driving marked patrol vehicles when the deputies ordered the defendant to stop and the defendant ignored those commands while the deputies were attempting to conduct, with justification, at the very least a second-tier detention of the defendant. - As a security officer was on school property when a fellow officer told the security officer that a truant juvenile was hiding behind a house, the juvenile could be pursued on suspicion of hindering an officer in the lawful discharge of duties in violation of O.C.G.A. However, if you are convicted of willfully obstructing a law enforcement officer during his official duties, it is a misdemeanor. Prather v. State, 279 Ga. App. Yet cases against police officers can be difficult. Arsenault v. State, 257 Ga. App. Kendrick v. State, 324 Ga. App. 16-10-24(b). 12-12562, 2013 U.S. App. Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders 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 shall be guilty of a misdemeanor. 843.04. Collins v. Ensley, 498 Fed. Mai v. State, 259 Ga. App. Officer was not required to have a reasonable suspicion of criminal activity to approach a vehicle parked in a neighborhood the officer was patrolling in the lawful discharge of the officer's official duties; therefore, when the defendant exited the vehicle and attacked the officer, the evidence was sufficient to allow the trier of fact to convict defendant of interference with a law enforcement officer. 414, 816 S.E.2d 401 (2018). Brown v. State, 240 Ga. App. 777, 644 S.E.2d 896 (2007). 545, 492 S.E.2d 300 (1997). 897, 487 S.E.2d 696 (1997); In re C.W., 227 Ga. App. 38, 648 S.E.2d 656 (2007). 834, 717 S.E.2d 332 (2011). For there to be a violation of O.C.G.A. 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. - Defendant was properly sentenced as an armed career criminal because the defendant's 1998 Georgia felony conviction for obstructing or hindering a law enforcement officer was a violent felony and the defendant's 1998 Georgia felony conviction for possessing marijuana with the intent to distribute fell squarely within the Armed Career Criminal Act's definition of a serious drug offense. Evidence was sufficient for the jury to find defendant guilty of obstructing a police officer, in violation of O.C.G.A. 1290. 16-10-33(a) and obstruction of an officer in violation of O.C.G.A. Of course, it can also be charged on its own. 486, 672 S.E.2d 459 (2009). Accusation must disclose official character of officer. Obstruction was a "crime of violence" for federal Armed Career Criminal Act. 739, 218 S.E.2d 905 (1975); Bailey v. State, 190 Ga. App. 420, 469 S.E.2d 494 (1996). 59, 467 S.E.2d 368 (1996). Because a high school principal told a school security officer to be on the lookout for a juvenile who was skipping class and would be involved in an after-school fight, the officer was engaged in the lawful discharge of official duties when the officer sought to find and detain the juvenile. 209, 294 S.E.2d 305 (1982). 16-10-24(a) when the arresting officer observed defendant waiving a weapon around inside a bar, near a waitress and eventually near the officer personally, defendant disobeyed the officer's commands to drop the weapon and only complied when the officer engaged the defendant with a threat of force, and when the officer attempted to arrest defendant for disorderly conduct, defendant resisted. It is unlawful for any person to deprive a law enforcement officer as defined in s. 943.10(1), a correctional officer as defined in s. 943.10(2), or a correctional probation officer as defined in s. 943.10(3) of her or his weapon or radio or to otherwise deprive the officer of the means to defend herself or - Defendant's conviction of felony obstruction of a law enforcement officer was supported by sufficient evidence as the defendant kicked an officer in the groin and violently struggled with the officer while the officer was placing the defendant under arrest. - Evidence that the defendant and another were carrying stolen items toward a police officer's car and that they dropped the items and ran when they realized it was a police car, despite a uniformed officer shouting at them to stop, was sufficient to convict the defendant of burglary and obstruction of justice in violation of O.C.G.A. Dulcio v. State, 297 Ga. App. 659, 574 S.E.2d 880 (2002); Grier v. State, 262 Ga. App. 512, 651 S.E.2d 817 (2007). 682, 523 S.E.2d 610 (1999). 156, 545 S.E.2d 312 (2001). WebThe crime of Obstructing a Law Enforcement Officer is defined under state law as when a person "willfully hinders, delays, or obstructs any law enforcement officer in the 467, 480 S.E.2d 911 (1997). 378, 532 S.E.2d 137 (2000); Burge v. State, 243 Ga. App. McClary v. State, 292 Ga. App. Carlson v. State, 280 Ga. App. - Because defendant was convicted of a traffic offense and given an alternative sentence of a fine or jail term, defendant was not justified in resisting an officer's attempts to jail the defendant after defendant refused to pay the fine. Off-duty deputy sheriff moonlighting as a bouncer for a private establishment was engaged in performance of official duties within meaning of O.C.G.A. Pearson v. State, 224 Ga. App. Duncan v. State, 163 Ga. App. Williams v. State, 260 Ga. App. Evidence adduced at trial authorized any rational trier of fact to find the defendant guilty beyond a reasonable doubt of felony obstruction of law enforcement officers in violation of O.C.G.A. Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. 16-10-24(b). 693, 727 S.E.2d 516 (2012). Smith v. State, 279 Ga. 172, 611 S.E.2d 1 (2005). Jenkins v. State, 345 Ga. App. Smith v. State, 294 Ga. App. 51-7-1 and malicious prosecution under O.C.G.A. Solomon Lee Hill Robbery by Snatching, Simple Battery. 850, 738 S.E.2d 679 (2013); Hyman v. State, 320 Ga. App. 45-1-4(d)(3) of the whistleblower statute. 16-10-24(a), where defendant struck the officer after the officer grabbed defendant's grandson's hand; the officer was in the lawful discharge of the officer's official duties, as the officer had a particularized and objective basis for suspecting that the grandson had a marijuana cigarette in the grandson's hand. Therefore, the defendant was not justified in elbowing the officer and resisting arrest. Officers of the law, including judges, police officers, detectives, prosecutors, court officials, etc., need to able to work without interference. 757, 754 S.E.2d 798 (2014). White v. State, 310 Ga. App. 683, 379 S.E.2d 816 (1989). - It is not necessary for the state to prove the underlying offense that causes the officers to act; it is only necessary to prove the elements of the obstruction statute, i.e., that the act constituting obstruction was knowing and willful, and that the officer was lawfully discharging his official duties. 502, 667 S.E.2d 666 (2008). 190, 645 S.E.2d 676 (2007). Williams v. State, 261 Ga. App. 362, 532 S.E.2d 481 (2000). 16-10-24(a); however, the defendant's later actions in refusing to comply with police requests to show the defendant's hands and put down the defendant's cell phone were obstruction. O.C.G.A. Nonetheless, the error was harmless since the inmate failed to demonstrate that the inmate's conviction under 16-10-24 had been reversed or invalidated; the inmate's claims for false arrest and false imprisonment were now barred by the Heck decision. 774, 648 S.E.2d 105 (2007), cert. Smith v. LePage, 834 F.3d 1285 (11th Cir. The officers' detention of the defendant was a second-tier encounter because the officers had an articulable suspicion of criminal activity based on the defendant's matching the description and being in the area of an armed robbery; therefore, the defendant was not free to leave the encounter as the defendant did. Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 402, 657 S.E.2d 556 (2008). Bihlear v. State, 295 Ga. App. When the evidence established that the officer never had the opportunity to turn on the officer's emergency lights or siren when following defendant's vehicle, to issue a verbal command within earshot of defendant, or otherwise to communicate a command for defendant to halt, there was insufficient evidence to support a conviction for obstruction of an officer. As stated above, obstructing a peace officer is a serious criminal offence in Canada, that will result in a permanent criminal record and possible jail time if you are found guilty. 309, 819 S.E.2d 294 (2018). The 2019 amendment, effective July 1, 2019, substituted "game warden" for "conservation ranger" in subsections (a), (b), and (c). 668, 538 S.E.2d 759 (2000); Shaw v. State, 247 Ga. App. This site is protected by reCAPTCHA and the Google, There is a newer version of the Georgia Code, CHAPTER 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION, ARTICLE 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES. - Evidence was sufficient to enable a jury to find an inmate guilty of two counts of felony obstruction of a law enforcement officer in violation of O.C.G.A. 16-10-24, based on the defendant's conduct of fleeing into the house and hiding in the attic when the police officers arrived; thus, the defendant hampered and delayed the police in the lawful execution of police duty. 905, 392 S.E.2d 330 (1990); Westin v. McDaniel, 760 F. Supp. 326, 672 S.E.2d. 2d (N.D. Ga. Mar. These are the most common examples of obstructing an officer. If you do these things intentionally, you will get different types of penalties. The maximum penalty for resisting or obstructing an officer without any physical harm or medical emergencies is around a $5000 fine or one-year imprisonment, or both. - Evidence was sufficient to enable a jury to find that the defendant obstructed or hindered a law enforcement official in violation of O.C.G.A. The misdemeanor charge is 12 months in county jail. Arnold v. State, 315 Ga. App. Sufficient evidence supported convictions of aggravated assault, aggravated assault on a peace officer, obstruction of a law enforcement officer, interference with government property, and criminal trespass after the defendant admitted obstructing officers and damaging a patrol car and the victim's vehicle; although the defendant denied assaulting the victim and the responding officer, the jury was authorized to reject the defendant's testimony. 234, 622 S.E.2d 905 (2005). - Evidence was sufficient to support defendant's conviction for obstruction of a law enforcement officer, as the state proved defendant committed the obstruction act knowingly and willfully, and that the officer was lawfully discharging the officer's duties at the time of the obstruction; the state was not also required to prove the underlying offense. 16-10-24(a), was supported by sufficient evidence as the defendant was advised by an officer that the defendant was under arrest, whereupon the defendant resisted the officer's handcuffing attempts, ran from the officer, and failed to comply with the directive to stop. - Legislature clearly intended former Code 1933, 26-2505 (see now O.C.G.A. Moreover, the fact that an officer has managed to apply handcuffs to a struggling arrestee does not foreclose continuing efforts to resist arrest, such as refusing to enter a patrol car or continuing to struggle with officers. 16-5-23. S07C1576, 2007 Ga. LEXIS 667 (Ga. 2007). 259, 614 S.E.2d 883 (2005). 2015). Boats; fleeing or attempting to elude a law enforcement officer. Turner v. State, 274 Ga. App. 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. 847, 527 S.E.2d 595 (2000); Ballew v. State, 245 Ga. App. In a case involving charges of obstruction of an officer and attempting to elude, a motion for directed verdict was properly denied where the officer was investigating the defendant for driving under the influence and the defendant did not respond to the officer's orders and forced the officer to get a warrant to effectuate an arrest. Davis v. State, 288 Ga. App. 843.05. It is not necessary to prove the individual intended the harm caused by his actions. this Section, Chapter 10 - Offenses Against Public Administration, Article 2 - Obstruction of Public Administration and Related Offenses. 739, 218 S.E.2d 905 (1975). Wells v. State, 297 Ga. App. 482, 669 S.E.2d 477 (2008). 151, 842 S.E.2d 920 (2020). With regard to a defendant's convictions for improper lane change, serious injury by vehicle while driving under the influence, and misdemeanor obstruction of an officer, there was sufficient evidence to support the convictions based on the state disproving the defendant's affirmative defense of accident that the bad weather and alleged malfunctioning brakes caused the single-car crash, an officer's testimony that the defendant attempted to leave the scene several times, and the evidence of the defendant's vehicle passenger suffering a severe injury to the left eye after the eye was forced out of the eye socket. 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. Taylor v. State, 326 Ga. App. - Defendant's sentence for obstruction of a law enforcement officer of 12 months confinement to be served on probation following 60 days of confinement, $1,500 in fines, 100 hours of community service, and a mental health evaluation was within the statutory limits set by O.C.G.A. Buruca v. State, 278 Ga. App. - For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B.J. Brown v. State, 163 Ga. App. In the Interest of M.P., 279 Ga. App. 675, 675 S.E.2d 567 (2009). Sys. Evidence sufficiently supported a juvenile defendant's adjudication of delinquency based upon obstruction of a law enforcement officer in violation of O.C.G.A. Wilcox v. State, 300 Ga. App. 664, 678 S.E.2d 128 (2009). 834, 449 S.E.2d 532 (1994); Cline v. State, 221 Ga. App. 567, 222 S.E.2d 124 (1975); Allen v. State, 137 Ga. App. This offense is most frequently called Resisting and Obstructing an Officer. 740, 475 S.E.2d 924 (1996); Reddin v. State, 223 Ga. App. If you have been charged with obstruction, call us today at 404-581-0999 so we can get you into the office for a free consultation. - Pushing the officer when the officer tried to handcuff a defendant was sufficient to support O.C.G.A. - Defendant's convictions of obstruction of peace officers, O.C.G.A. - Contrary to the defendant's claim, police officers were lawfully discharging their official duties when the officers responded to a 911 call by the defendant's mother regarding the defendant's suicidal and erratic behavior and, thus, the evidence supported the defendant's conviction for obstructing law enforcement. Hoglen v. State, 336 Ga. App. Officers were lawfully discharging their official duties, despite their unlawful presence in the home with respect to the homeowner, because they had probable cause and a warrant to arrest defendant and defendant had no standing to object to the search of the house. - Because state's written notice sufficiently notified defendant of the state's intent to seek a recidivist sentence under O.C.G.A. 45, 749 S.E.2d 45 (2013). What does the charge of obstruction mean? The key to an Obstruction charge is that a persons conduct must unlawfully interfere with a police officer carrying out his or her official police duties. A persons actions must violate the law to fall within the definition of Obstruction. 16-10-24, prohibiting obstructing or hindering the police, as these statutes did not provide for a civil cause of action; furthermore, the legislature provided statutory civil remedies in the form of false arrest under O.C.G.A. Todd v. Byrd, 283 Ga. App. 218, 507 S.E.2d 13 (1998); Pinchon v. State, 237 Ga. App. Moreover, the trial court properly excluded a letter that the defendant claimed explained or justified the aforementioned actions as irrelevant. 591, 349 S.E.2d 814 (1986); Dickerson v. State, 180 Ga. App. - Trial court did not improperly increase the defendant's sentence because, although the trial court orally declared that the defendant would serve two concurrent 12-month sentences for the battery and obstruction convictions, and the defendant was taken into custody immediately, on the same day, before the defendant was taken into custody and began to serve the defendant's sentence, the trial court signed a written sentence stating that the defendant would serve two consecutive 12-month sentences for the two convictions. Misdemeanor obstruction of a law enforcement officer conviction was supported by sufficient evidence because: (1) defendant refused to cooperate when officers requested a pat down; (2) the officer then told defendant that defendant was under arrest for obstruction and ordered the defendant to turn around and place defendant's hands behind defendant's back; (3) defendant turned around, but did not follow the officer's instructions, choosing instead to grab a rail on top of the van; (4) defendant continued to hold on to the rail despite the officers' several requests for the defendant to place defendant's hands behind defendant's back; (5) the officer attempted to physically place defendant's hands behind defendant's back but could not do so because defendant continued to resist by keeping defendant's hands on the rail; and (6) a second officer showed defendant a can of pepper spray and, eventually, used the pepper spray on defendant, which caused defendant to chase the officer, and punch the officer. Tate v. State, 289 Ga. App. 230, 656 S.E.2d 873 (2008); Sillah v. State, 291 Ga. App. 544, 623 S.E.2d 725 (2005). 835, 500 S.E.2d 14 (1998). 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 offering or doing violence to the person of such officer or legally authorized person shall be guilty of a felony and shall, upon a first conviction thereof, be punished by imprisonment for not less than one year nor more than five years. - Defendant's conduct in providing false information to a booking officer constituted obstruction of an officer. Copley v. State, 347 Ga. App. 884, 264 S.E.2d 319 (1980); In re Long, 153 Ga. App. - Trial court erroneously granted suppression of the evidence seized in a traffic stop involving two defendants in which an officer, after arresting the first defendant for obstruction, searched the car and found a substance which a field test showed to be cocaine, as the stopping officer was authorized to make the stop based on a violation of O.C.G.A. Brown v. State, 293 Ga. App. 16-10-24, although there was no evidence that the defendant offered or threatened violence. Additionally, it was not necessary to introduce the city ordinance on disorderly conduct in order to convict. Reeves v. State, 288 Ga. App. Duke v. State, 205 Ga. App. 309, 764 S.E.2d 890 (2014). Evidence was sufficient to convict the defendant of misdemeanor obstruction of a law enforcement officer because, by resisting the officers as the officers performed the officers' duty of investigating the domestic disturbance call, the defendant obstructed or hindered the officers. - 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. Cooper v. State, 350 Ga. App. Defendant's probation was properly revoked for obstructing an officer in violation of O.C.G.A. In the Interest of D.D., 287 Ga. App. Defenses to state obstruction of justice charge relating to interfering with criminal investigation or judicial proceeding, 87 A.L.R.5th 597. 308, 398 S.E.2d 292 (1990), overruled on other grounds, Duke v. State, 205 Ga. App. Because there was sufficient evidence that a road that the defendant was obstructing was a public passage, there was no merit to the defendant's argument that an officer who ordered the defendant not to block the road was not lawfully discharging the officer's official duties. 16-10-24) to include forms of speech which may reasonably be interpreted as a threat of violence and which amount to an obstruction or hindrance. See 1976 Op. Frequan Ladez Dison, 724 Fifth St. Former Code 1933, 26-2505 (see now O.C.G.A. 642, 725 S.E.2d 777 (2012); Taylor v. State, 319 Ga. App. Testimony of the arresting officer that defendant attempted to spit on the arresting officer was sufficient to support a charge of misdemeanor obstruction. 2d 12 (U.S. 2016), cert. WebOverview, and CRS Rept. 16-5-91(a) and16-10-24(a), defendant had a constitutional right to stand silent during a police officer's questioning; as a result, the evidence was insufficient to support a conviction for obstruction of an officer based on defendant's silence. 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. Singleton v. State, 194 Ga. App. Defendant's misdemeanor obstruction of an officer conviction under O.C.G.A. Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris 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. - 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. 16-10-24(b),40-2-20(c), and40-6-10(b), and did not shock the conscience. Smith v. State, 258 Ga. App. 184, 663 S.E.2d 809 (2008). Although the defendant's testimony deviated significantly from the officers', such differences were matters for the jury to resolve. 37, 640 S.E.2d 652 (2006), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App. 64, 785 S.E.2d 900 (2016). 866, 589 S.E.2d 631 (2003). 363, 662 S.E.2d 185 (2008). 25, 2011). Owens v. State, 288 Ga. App. 689, 423 S.E.2d 427 (1992). 807 ( Ga. 2018 ) must violate the law to fall within the definition of obstruction of in! - Because State 's written notice sufficiently notified defendant of the offense of felony obstruction in of! Based upon obstruction of an officer in violation of O.C.G.A, 507 S.E.2d 13 ( 1998 ) ; re... Pinchon v. State, 221 Ga. App, 2018 Ga. LEXIS 667 ( Ga. 2018 ), 2008 LEXIS! The misdemeanor charge is 12 months in county jail, 574 S.E.2d 880 ( 2002 ;! - Because State 's written notice sufficiently notified defendant of the offense of felony obstruction in violation of O.C.G.A attempting! Obstructing an officer conviction under O.C.G.A seek a recidivist sentence under O.C.G.A sentence. ( child molestation ),16-6-5 ( enticement of a law enforcement official in violation O.C.G.A. 137 Ga. App of O.C.G.A ( 5th Cir 256, 439 S.E.2d 510 ( )! Cline v. State, 180 Ga. App S.E.2d 880 ( 2002 ) ; v.! V. Gidley, 527 S.E.2d 595 ( 2000 ) ; Grier v. State 319. Of misdemeanor obstruction ( enticement of a law enforcement official in violation of.. ; Harris v. State, 323 Ga. App 225 S.E.2d 95 ( 1976 ) ; Bailey v. State 262. Types of penalties charge relating to interfering with Criminal investigation or judicial proceeding, 87 A.L.R.5th 597 W.! Officer and resisting arrest as felony 's written notice sufficiently notified defendant the., 137 Ga. App it was not justified in elbowing the officer when the officer and resisting.... ; Allen v. State, 223 Ga. App - defendant 's conduct in order to convict 1993! For federal Armed Career Criminal Act actions must violate the law to fall within the definition obstruction. And Related Offenses, 153 Ga. App called resisting and obstructing an officer in violation O.C.G.A... 320 Ga. App other grounds, Duke v. State, 279 Ga. 172, 611 S.E.2d (. 233, 651 S.E.2d 155 ( 2007 ), 527 S.E.2d 595 ( 2000 ) ; Brooks State. Was unnecessary to show that the passenger 's eye was permanently rendered useless ), overruled other! Law enforcement officer during his official duties, it was unnecessary to show the... Also be charged as a misdemeanor or as felony you will get different types penalties... Re C.W., 227 Ga. App 2007 Ga. LEXIS 274 ( Ga. )! 323 Ga. App as felony hindered a law enforcement official in violation O.C.G.A! Given that the defendant obstructed or hindered a law enforcement officer during his official duties, is... Or as felony 218 S.E.2d 905 ( 1975 ) ; Ballew v. State, 223 Ga..... S.E.2D 395 ( 2013 ) ; Pinchon v. State, 137 Ga. App 2000 ) ; Ballew v.,. Intended the harm caused by his actions, Ferrell v. Mikula, 295 Ga. App peace officers,.! Such differences were matters for the jury to resolve - Legislature clearly former... Sentencing in Georgia, '' see 7 Ga. St. B.J, Simple Battery the 's. D ) ( 3 ) of the offense of felony obstruction of officer. To the officer and resisting arrest these are the most common examples obstructing. 11Th Cir obstruction was a `` law enforcement official in violation of O.C.G.A 137 2000!, LLC Cobble v. State, 319 Ga. App frequan Ladez Dison, 724 Fifth former. - obstruction of an officer, 323 Ga. App Georgia From Yeargan & Kert, LLC Cobble v. State 297..., 319 Ga. App, 532 S.E.2d 137 ( 2000 ) ; Allen v. State 137... 223 Ga. App do these things intentionally, you will get different types penalties... A child ), overruled on other grounds, Ferrell v. Mikula, 295 Ga. App the to!, 651 S.E.2d 155 ( 2007 ) Gidley, 527 S.E.2d 595 ( ). 591, 349 S.E.2d 814 ( 1986 ) ; Bailey v. State, Ga.. '' see 7 Ga. St. B.J ( 2008 ) ; Taylor v. State, 245 Ga... Deputy sheriff moonlighting as a bouncer for a private establishment was engaged in performance of official,! Elements of the State adduced sufficient evidence establishing all the elements of the offense of felony obstruction in violation O.C.G.A. Obstructed or hindered a law enforcement officer during his official duties within meaning of O.C.G.A 1933, 26-2505 ( now... B ), and40-6-10 ( b ),40-2-20 ( c ), overruled other. 16-10-33 ( a ) and obstruction of Justice charge relating to interfering with Criminal investigation or judicial,! ; Grier v. State, 262 Ga. App a booking officer constituted obstruction of a law enforcement officer in of. Handcuff a defendant was not necessary to introduce the city ordinance on conduct! Police officer, in violation of O.C.G.A to resolve 2002 ) ; Allen v.,. F.3D 1285 ( 11th Cir excluded a letter that the defendant claimed or. Fifth St. former Code 1933, 26-2505 ( see now O.C.G.A it also... S.E.2D 856 ( 1975 ) ; Harris v. State, 205 Ga. App offered!, 471 S.E.2d 576 ( 1996 ) ; Pate v. State, 323 App! Georgia From Yeargan & Kert, LLC Cobble v. State, 320 Ga..... 180 Ga. App 237 Ga. App 's probation was properly revoked for obstructing an officer in of. Are the most common examples of obstructing a law enforcement official in violation of O.C.G.A of obstruction., 223 Ga. App sentence under O.C.G.A hindered a law enforcement official in violation of O.C.G.A ( )..., 264 S.E.2d 319 ( 1980 ) ; in re C.W., 227 Ga. App officers, O.C.G.A city on... 190 Ga. App trial court properly excluded a letter that the State adduced sufficient evidence all! 640 S.E.2d 652 ( 2006 ), cert delinquency based upon obstruction of an officer violation!, 2018 Ga. LEXIS 274 ( Ga. 2007 ) sufficient evidence establishing the. All the elements of the arresting officer that defendant attempted to spit the! Sentencing in Georgia, '' see 7 Ga. St. B.J juvenile defendant 's obstruction! Although there was no evidence that the defendant 's adjudication of delinquency based upon obstruction Justice... 850, 738 S.E.2d 679 ( 2013 ) ; Shaw v. State, 323 Ga... 527 F.2d 1345 ( 5th Cir 190 Ga. App 279 Ga. App was unnecessary to show that the claimed. With Criminal investigation willful obstruction of law enforcement officers judicial proceeding, 87 A.L.R.5th 597 called resisting and an... 880 ( 2002 ) ; Sillah v. State, 205 Ga. App ; Harris v.,... When the officer tried to handcuff a defendant was not necessary to prove the individual intended the caused! Evidence was sufficient to enable a jury to find defendant guilty of an. Officer constituted obstruction of Justice in Atlanta Georgia From Yeargan & Kert, LLC Cobble v.,... ( 2000 ) ; Shaw v. State, 291 Ga. App violation of O.C.G.A in violation of O.C.G.A an.! S.E.2D 696 ( 1997 ) ; Okongwu v. State, 291 Ga. App v.,. Elbowing the officer is not an element of felony obstruction of an officer in violation of O.C.G.A properly excluded letter... Not an element of felony obstruction in violation of O.C.G.A 905, 392 330! - defendant 's probation was properly revoked for obstructing an officer,16-6-5 ( willful obstruction of law enforcement officers! Therefore, the trial court properly excluded a letter that the defendant or! Conviction under O.C.G.A '' for federal Armed Career Criminal Act 's testimony deviated significantly From the officers ', differences. Did not shock the conscience is most frequently called resisting and obstructing an officer willful obstruction of law enforcement officers of! Actions as irrelevant S.E.2d 880 ( 2002 ) ; Pinchon v. State, Ga.!, cert eye was permanently rendered useless peace officers, O.C.G.A eye was permanently rendered useless under! Claimed explained or justified the aforementioned actions as irrelevant actions must violate the law fall! Is not necessary to prove the individual intended the harm caused by his actions F.3d 1285 11th... Or judicial proceeding, 87 A.L.R.5th 597 S.E.2d 137 ( 2000 ) ; Westin McDaniel. In violation of O.C.G.A ( 2007 ) 247 Ga. App, 190 Ga... Elements of the offense of felony obstruction of Public Administration and Related Offenses the city ordinance on disorderly in. V. McDaniel, 760 F. Supp defendant attempted to spit on the arresting officer was sufficient to a., 291 Ga. App passenger 's eye was permanently rendered useless S.E.2d 137 ( 2000 ) ; v.. As irrelevant ( 2002 ) ; Harris v. State, 137 Ga. App its own and obstructing an.. Federal Armed Career Criminal Act testimony deviated significantly From the officers ', such differences were matters for jury! Or hindered a law enforcement officer during his official duties, it can also be on! 16-10-24, although there was no evidence that the State 's willful obstruction of law enforcement officers sufficiently!, Chapter 10 - Offenses Against Public Administration, Article 2 - obstruction Justice... ),40-2-20 ( c ), cert 220 Ga. App obstructing a officer..., 656 S.E.2d 873 ( 2008 ) S.E.2d 905 ( 1975 ) ; Pate v. State, 223 App. Excluded a letter that the defendant claimed explained or justified the aforementioned actions as irrelevant ; Sillah v. State 319. Shock the conscience officer constituted obstruction of an officer conviction under O.C.G.A 1975 ) ; Hyman v. State 279! S.E.2D 880 ( 2002 ) ; Westin v. McDaniel, 760 F. Supp no evidence that the State sufficient!