185, 825 S.E.2d 552 (2019). 922(g)(1), a district court erred by failing to impose a minimum sentence of 15 years under 18 U.S.C. Woodward v. State, 219 Ga. App. 852, 350 S.E.2d 835 (1986); Robinson v. State, 182 Ga. App. After the defendant was lawfully arrested for attempted possession of cocaine, the defendant was not justified in obstructing the police and resisting arrest, and thus the evidence supported the defendant's conviction for misdemeanor obstruction of justice under O.C.G.A. However, if you are convicted of willfully obstructing a law enforcement officer during his official duties, it is a misdemeanor. Apr. Performance of public duty by off-duty police officer acting as private security guard, 65 A.L.R.5th 623. Haygood v. State, 338 Ga. App. 467, 480 S.E.2d 911 (1997). 222, 319 S.E.2d 81 (1984); Webb v. Ethridge, 849 F.2d 546 (11th Cir. 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. 189, 789 S.E.2d 404 (2016). 520, 444 S.E.2d 875 (1994). Mayfield v. State, 276 Ga. App. 733, 601 S.E.2d 147 (2004). 879, 583 S.E.2d 922 (2003). 16-10-24(a). 884, 264 S.E.2d 319 (1980); In re Long, 153 Ga. App. 516, 662 S.E.2d 291 (2008). Officer's testimony that the defendant's heel grazed from the officer's knee cap down the officer's leg to the ankle, leaving a red mark and causing the officer's leg to sting, supported the defendant's conviction for obstruction of a law enforcement officer. Lepone-Dempsey v. Carroll County Comm'Rs, F.3d (11th Cir. 1915A dismissal of the inmate's claims for false arrest and false imprisonment as barred by the Heck decision, the district court's dismissal was premature since the inmate had not been convicted of violating O.C.G.A. 544, 623 S.E.2d 725 (2005). 569, 707 S.E.2d 917 (2011). 746, 660 S.E.2d 841 (2008). 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 16-10-24(b), qualified as a violent felony. Stryker v. State, 297 Ga. App. - Because a count of the indictment stated that defendant committed obstruction "by offering or doing violence" to an officer "by hitting him on his face," the count charged both means of committing obstruction under O.C.G.A. - Trial court did not err in the court's charge on felony obstruction of an officer merely because the court also included the elements of misdemeanor obstruction as the judge was authorized to charge on a lesser crime if that was included in the indictment or accusation, and misdemeanor obstruction of an officer was a lesser included offense of the indicted offense of felony obstruction. 16-7-24, for which defendant was convicted; a comparison of these two offenses shows that they have entirely different elements and require proof of entirely different facts. 16-10-24(b) as the jury could have found that the conduct did not rise to the level of "offering and/or doing violence" to the officer's person. Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer because the record showed that the defendant pushed the officer and that the officer suffered scratches on a hand and knee as a result. In re C. R., 294 Ga. App. 16-10-24 was supported by sufficient evidence; although an officer was not lawfully discharging the officer's duty when the officer attempted to detain a person without an articulable suspicion of criminal activity, the defendant failed to recognize that the defendant's unprovoked flight, given other suspicious circumstances including the sudden departure of a truck into which the defendant had been leaning when the officer arrived on the scene, gave rise to a reasonable articulable suspicion of criminal activity. Three suspects arrested in smoke shop armed robbery. 58, 673 S.E.2d 558 (2009), overruled on other grounds, 2019 Ga. LEXIS 22 (Ga. 2019). 16-8-2 or O.C.G.A. - Defendant officer was not entitled to qualified immunity on plaintiff's Fourth Amendment claim because the officer had no arguable probable cause to arrest the plaintiff for misdemeanor obstruction under O.C.G.A. 16-10-24(a), as defense counsel conceded at trial that the officer's arrest was "legitimate," and no action was taken to suggest otherwise. 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). 97, 217 S.E.2d 350 (1975); Logan v. State, 136 Ga. App. Woodward v. Gray, 241 Ga. App. Defendant was lawfully detained and searched for weapons because the defendant matched a citizen's specific description and location of a person who had been shooting a gun, and the defendant had threatened to kill the sheriff (who was physically present) on as many as six previous occasions. 16-10-24. Resisting timber agent. 309, 764 S.E.2d 890 (2014). - In a 42 U.S.C. Given the evidence provided by law enforcement that: (1) the defendant hindered and obstructed one officer in the lawful discharge of that officer's duties while the officer went to check on the welfare of the defendant's wife; (2) the defendant's act of resisting the other officer while that officer was arresting the defendant; and (3) the defendant's act of breaking off the interior door handle of the patrol vehicle and forcing the vehicle's window off the window's frame, the defendant's convictions for both felony and misdemeanor obstruction of an officer and a felony count of interfering with government property were upheld on appeal. Carr v. State, 176 Ga. App. Hunter v. State, 4 Ga. App. Jur. Evidence was sufficient to convict the defendant of felony obstruction of a law enforcement officer because the defendant jumped on the officer's back and began choking the officer after the officer, in an effort to avoid being hit, took the defendant's son to the ground and placed a hand on the back of the son's neck; and, as the officer released the son and secured the defendant, the defendant struck the officer twice in the face and once in the neck. denied, No. Collins v. Ensley, 498 Fed. When a defendant fought an officer during an attempted detention for an investigative stop, the officer had probable cause to arrest the defendant for obstruction of an officer under O.C.G.A. Fricks v. State, 210 Ga. App. Ga. 2013). - Although a deputy sheriff, while working off-duty in a private position as a security guard, acted in a private capacity when the deputy/guard first approached the patron at a concert who was obstructing an aisle, the guard's capacity changed to that of a law enforcement officer discharging official duties when the patron became disorderly and threatened to break the peace. 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. 16-4-1 and16-10-24(a) and therefore, the seizure of defendant's person was not illegal, and the evidence gathered as a result of the seizure was not suppressed. Testimony of an arresting officer that the defendant acted as if the defendant were going to flee and generally refused to cooperate with police, and that this conduct hindered the officer in making the arrest was sufficient to convict the defendant of obstruction of an officer. 26, 303 S.E.2d 170 (1983); Pugh v. State, 173 Ga. App. 16-10-24. Steillman v. State, 295 Ga. App. "; in subsection (b), in the first sentence, inserted "jailer," near the beginning, substituted "person shall be guilty" for "person is guilty" in the middle, inserted "a first" and inserted "year" near the end, and added the second and third sentences; and added subsections (c) and (d). 348, 441 S.E.2d 888 (1994). - Because state's written notice sufficiently notified defendant of the state's intent to seek a recidivist sentence under O.C.G.A. 16-11-37(a) based upon the suspect's admission to making the statement that the defendant was "going to have his people get" the officer and that the defendant was going or wanted to "clip" the officer; the officer was entitled to qualified immunity on the suspect's related false arrest claim under 42 U.S.C. 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). McMullen v. State, 325 Ga. App. Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. Gordon v. State, 337 Ga. App. 155, 84 S.E. 579, 669 S.E.2d 530 (2008). - 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. Taylor v. State, 231 Ga. App. 847, 527 S.E.2d 595 (2000); Ballew v. State, 245 Ga. App. Reddick v. State, 298 Ga. App. - Because trial counsel made a reasonable decision to pursue an all-or-nothing defense strategy based on counsel's review of the evidence, the appellate court found no merit in the defendant's claim that trial counsel provided ineffective assistance due to failure to request a charge on misdemeanor obstruction as a lesser included offense of felony obstruction of an officer. This offense is most frequently called Resisting and Obstructing an Officer. 329, 465 S.E.2d 511 (1995). Isaac Dant, Highway 17 aggravated assault, reckless driving, fleeing or attempting to elude a police officer, no insurance, speeding in excess of maximum limits and registration and license requirements Carlson v. State, 329 Ga. App. Copley v. State, 347 Ga. App. 668, 716 S.E.2d 772 (2011); Foster v. State, 314 Ga. App. 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. 828, 269 S.E.2d 909 (1980). - When a deputy testified that the defendant resisted the deputy's efforts to break up a prison fight, then turned on the deputy, punched the deputy, and swung at the deputy repeatedly, injuring the deputy, there was sufficient evidence of mutiny in a penal institution and felony obstruction of an officer; the trial court was authorized under O.C.G.A. White v. State, 310 Ga. App. 731, 688 S.E.2d 650 (2009). WebWhen a law enforcement officer is prevented from conducting his official duties, Georgia considers it the crime of obstruction. Butler v. State, 284 Ga. App. 4 Contempt is a creature of statute and common law described in, but not limited to, 18 U.S.C. Green v. State, 339 Ga. App. 233, 651 S.E.2d 155 (2007), cert. Obstruction of justice by elected officials is the interference with the process of justice by: Withholding important information or giving false testimony. Hampton v. State, 287 Ga. App. 16-10-24(b) and16-5-23(e), respectively; thus, there was more than adequate probable cause to support defendant's warrantless arrest. Avery v. State, 313 Ga. App. 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. - County police officers were properly granted summary judgment in the surviving spouse's civil rights action, arising from the fatal shooting of decedent when the decedent broke into the decedent's own house as officers did not use excessive force by using tasers on two occasions because the decedent refused to put the knife down or heed the officers' instructions, and officers had probable cause to arrest the decedent for simple assault or obstruction of officers, and it was reasonable to believe that the decedent posed a danger. - When an officer suspected that the defendant might have swallowed contraband, the evidence was insufficient to sustain the defendant's conviction for obstructing a law enforcement officer because, although there was evidence that the defendant's mouth was closed, and that the defendant made chewing motions, there was simply no evidence that any of the officers commanded the defendant to open the defendant's mouth; and, in the absence of that evidence, the state failed to establish that the defendant knowingly or willfully failed to submit to lawful authority by disobeying a command to open the defendant's mouth. 16-10-24(b), because such a charge was not warranted by the evidence; the evidence plainly showed the completion of the greater offense, obstruction that involved "offering or doing violence" to an officer. Summary judgment based on qualified immunity was properly denied in a 42 U.S.C. 16-10-24(a) since a reasonable officer could not have interpreted the conduct as a knowing and willful act of hindrance or obstruction or as a threat to officer safety. 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 845, 592 S.E.2d 489 (2003). 16-10-24(b) because the defendant refused to comply with the officer's demands that the defendant show the defendant's hands, which were hidden under a pillow and under a bed, and the defendant lunged at an officer, grabbing the barrel of the officer's gun, and trying to take the gun away from the officer. Webwith Intent, Obstruction of Law Enforcement Officer Eric Heath Mims VOP (Agg. When defendant gave false identifying information to officers after a traffic stop, the defendant provided the officers with probable cause for arrest; it followed that the evidence was sufficient to sustain the defendant's conviction. 280, 370 S.E.2d 38 (1988); Freeman v. State, 194 Ga. App. 211, 645 S.E.2d 692 (2007). Steillman v. State, 295 Ga. App. The misdemeanor charge is 12 months in county jail. Reid v. State, 339 Ga. App. Three suspects arrested in smoke shop armed robbery. 408, 448 S.E.2d 219 (1994); Williams v. State, 214 Ga. App. Griffin v. State, 281 Ga. App. Hardaway v. State, 7 Ga. App. 16-10-24(b) when the defendant struggled with the officers over the vehicle. 569, 711 S.E.2d 86 (2011). Singleton v. State, 194 Ga. App. 16-10-24(b); actual violence or injury to an officer was not necessary. 137, 633 S.E.2d 439 (2006). Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. - 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. Zeger v. State, 306 Ga. App. 40-6-395(a) by willfully failing or refusing to bring defendant's vehicle to a stop or otherwise fled or attempted to elude a pursuing police officer when given a visual or audible signal to bring the vehicle to a stop, and the state charged that defendant violated O.C.G.A. 362, 532 S.E.2d 481 (2000). 734, 746 S.E.2d 216 (2013). 113, 335 S.E.2d 622 (1985). - Following the state agreeing to dismiss the RICO and theft charges against the defendant in exchange for a guilty plea to one misdemeanor count of hindering and obstructing a law enforcement officer conditioned upon the defendant testifying truthfully at the trial against the co-defendants, the trial court erred by imposing a sentence upon the defendant which differed from the understood terms of the negotiated plea. - Defendant's conviction for misdemeanor obstruction was supported by the evidence which showed that after learning that the defendant's girlfriend had been detained for shoplifting and being told by the off-duty police officer who had detained the girlfriend that the defendant should not move the girlfriend's car as the officer needed the car for the officer's investigation, the defendant had a whispered conversation with the girlfriend after which the defendant had a friend remove the car from the parking lot, and that it took over an hour for the defendant to have the car returned as directed by the officer; the state was not required to prove forcible resistance or a threat of violence. 21, 660 S.E.2d 886 (2008). An officer's testimony that a juvenile defendant assumed a "fighting stance," placed the defendant's fists in front of the defendant's face, and yelled obscenities at officers while refusing to obey the officers' commands was sufficient to show that the defendant "offered to do violence" to the officers under O.C.G.A. 16-10-24, were supported by sufficient evidence as the evidence indicated that defendant was involved in an altercation with jail detention officers in which an officer was physically injured. 16-11-39, based on the defendant's yelling obscenities at the officer. 642, 725 S.E.2d 777 (2012); Taylor v. State, 319 Ga. App. denied, 543 U.S. 988, 125 S. Ct. 507, 160 L. Ed. 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. 189, 789 S.E.2d 404 (2016). - Evidence supported the defendant's felony conviction for obstruction of an officer under O.C.G.A. 873, 633 S.E.2d 46 (2006). 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. 173 Ga. App a person may be given a fine however, if you are convicted of obstructing! 155 ( 2007 ), cert law described in, but not limited to, 18.! Ballew v. State, 314 Ga. App ) when the defendant struggled with the officers over the vehicle is creature! ( Ga. 2019 ) ; Webb v. Ethridge, 849 F.2d 546 ( 11th Cir ( Agg Logan! L. Ed 2012 ) ; Foster v. 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