757, 754 S.E.2d 798 (2014). of Rev. McMullen v. State, 325 Ga. App. 576, 583 S.E.2d 243 (2003). 378, 532 S.E.2d 137 (2000); Burge v. State, 243 Ga. App. Owens v. State, 288 Ga. App. According to this statute, it is a crime for a person to resist, delay, or obstruct a California law enforcement officer or an emergency medical technician (EMT) while he/she is performing, or attempting to perform, his/her official duties. 760, 500 S.E.2d 627 (1998); Wilson v. State, 233 Ga. App. 1985). - 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. S92C1446, 1992 Ga. LEXIS 865 (1992). 3, 243 S.E.2d 289 (1978). - Ga. L. 2015, p. 422, 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015. White v. State, 310 Ga. App. - 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. Obstruction of justice is a fact-based offense under Georgia law. In the Interest of A. Man charged with making terroristic 222, 319 S.E.2d 81 (1984); Webb v. Ethridge, 849 F.2d 546 (11th Cir. Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. 222, 535 S.E.2d 269 (2000); McLeod v. State, 245 Ga. App. 40, 692 S.E.2d 708 (2010). - For article, "Misdemeanor Sentencing in Georgia," see 7 Ga. St. B.J. Beckom v. State, 286 Ga. App. 16-10-24(a) when the defendant refused to obey commands to return to the defendant's vehicle while the officer was attempting to investigate a DUI in another vehicle containing a driver and three passengers. 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Feb. 4, 2015), cert. 384, 680 S.E.2d 489 (2009). 668, 344 S.E.2d 490 (1986). - 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. 154, 395 S.E.2d 399 (1990). - 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. 16-10-24 lacked merit, granting the officer summary judgment on a false arrest claim was reversed; the idea that the request provided a basis for arrest collided with the First Amendment, whether or not the officer knew the officer was blocking the arrestee's driveway. 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. 54, 413 S.E.2d 232 (1991), overruled on other grounds, Duke v. State, 205 Ga. App. Injury to the officer is not an element of felony obstruction of an officer. Edwards v. State, 308 Ga. App. Recent arrests around the county. Golden v. State, 276 Ga. App. 512, 651 S.E.2d 817 (2007). Smith v. State, 306 Ga. App. - 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. 464, 373 S.E.2d 277 (1988). 751, 270 S.E.2d 38 (1980); Jenga v. State, 166 Ga. App. denied, 201 Ga. App. 247, 630 S.E.2d 847 (2006). 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. 600, 677 S.E.2d 758 (2009). Martinez v. State, 222 Ga. App. 218, 507 S.E.2d 13 (1998); Pinchon v. State, 237 Ga. App. For annual survey on criminal law, see 69 Mercer L. Rev. Something more than mere disagreement or remonstrance must be shown. Martinez v. State, 322 Ga. App. Evidence was sufficient to show beyond a reasonable doubt that defendant obstructed an officer in the lawful discharge of the officer's official duties in violation of O.C.G.A. Chisholm v. State, 231 Ga. App. Harris v. State, 276 Ga. App. Whatley v. State, 296 Ga. App. Jarvis v. State, 294 Ga. App. Fricks v. State, 210 Ga. App. 670, 327 S.E.2d 745 (1985); Sapp v. State, 179 Ga. App. 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. Willful obstruction of a police officer means doing any act which makes it more difficult for the officer to carry out their lawful duty e.g. 76-33. 555, 607 S.E.2d 197 (2004). 16-10-24. 688, 505 S.E.2d 774 (1998); Johnson v. State, 234 Ga. App. The officer's use of forearm strikes was reasonable and in compliance with departmental policies. Banta v. State, 281 Ga. 615, 642 S.E.2d 51 (2007). - Pushing the officer when the officer tried to handcuff a defendant was sufficient to support O.C.G.A. unruly The evidence was sufficient to convict the defendant of obstruction of a police officer in violation of O.C.G.A. Defendant's misdemeanor obstruction of an officer conviction under O.C.G.A. 749, 637 S.E.2d 128 (2006). 862 (11th Cir. Get free summaries of new opinions delivered to your inbox! Testimony of the arresting officer that defendant attempted to spit on the arresting officer was sufficient to support a charge of misdemeanor obstruction. - 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. Evidence was sufficient for the jury to find defendant guilty of obstructing a police officer, in violation of O.C.G.A. As the defendant had no weapons, and the drugs the officer removed from the defendant's pockets were illegally seized, the defendant's act of fleeing from the officer did not constitute obstructing an officer in violation of O.C.G.A. 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. Web843.025 Depriving officer of means of protection or communication. 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. 16-10-24(b) since the issue of whether the police officers provided inconsistent testimony was for the jury to decide, the defendant admitted that the defendant knew that the individual who defendant struck was a police officer, there was no requirement of proving actual injury as an element of the offense, and the officers were in lawful discharge of their duties at the time of the alleged obstruction because the officers had probable cause to arrest the defendant on a probation violation warrant; upon the officer approaching the defendant, the defendant fled and the defendant struggled, punched, and hit the officers as the officers tried to arrest the defendant. Kendrick v. State, 324 Ga. App. Right to resist excessive force used in accomplishing lawful arrest, 77 A.L.R.3d 281. Lewis v. State, 271 Ga. App. 113, 335 S.E.2d 622 (1985). 326, 672 S.E.2d. Watson v. State, 328 Ga. App. 328, 411 S.E.2d 274, cert. Since the defendant had been indicted for felony obstruction of an officer, the trial court properly let the case go to the jury on the lesser included offense of misdemeanor obstruction of an officer in light of evidence demonstrating that the defendant did no more than grab the officer's arm and say "no" as the officer tried to arrest the defendant's spouse and put that spouse in a patrol car. 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. Brown v. State, 163 Ga. App. 326, 672 S.E.2d. - Police officer's testimony that defendant threw a bottle at the officer while the officer was trying to protect other officers who were arresting a violent suspect was sufficient evidence to support defendant's conviction of obstruction of a law enforcement officer with violence in violation of O.C.G.A. Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A. - Given that the state adduced sufficient evidence establishing all the elements of the offense of felony obstruction in violation of O.C.G.A. 77, 637 S.E.2d 806 (2006). 16-10-24(a), and striking and pushing the officer were crimes of felony obstruction and simple battery against a police officer under O.C.G.A. - Fact that the indictment used the word "fighting" did not require the state to prove the defendant physically fought with the officer; it was enough to show the defendant verbally threatened the officer and acted in opposition to the officer's authority by wielding a tire iron. 544, 623 S.E.2d 725 (2005). 684, 813 S.E.2d 438 (2018), cert. Police officer had both actual and arguable probable cause to arrest a suspect for making terroristic threats under O.C.G.A. 509, 411 S.E.2d 552 (1991); Hendrix v. State, 202 Ga. App. denied, 2018 Ga. LEXIS 807 (Ga. 2018). Johnson v. State, 289 Ga. App. WebUniversal Citation: GA Code 16-10-24 (2015) (a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor. 843.05. - Record clearly showed that the crime of obstruction was established by proof of the same or less than all the facts required to establish the crime of aggravated assault on a peace officer; thus, the convictions for aggravated assault on a peace officer and felony obstruction of a peace officer should have merged. S08C0986, 2008 Ga. LEXIS 386 (Ga. 2008). - 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. Green v. State, 339 Ga. App. Defendant's conviction of misdemeanor obstruction of a law enforcement officer was supported by sufficient evidence as defendant fled when an officer first attempted to place defendant under arrest. 694, 589 S.E.2d 269 (2003); Bounds v. State, 264 Ga. App. Taylor v. State, 349 Ga. App. 35, 684 S.E.2d 108 (2009). 739, 218 S.E.2d 905 (1975). 16-10-24(b): the defendant, incarcerated in a county jail, repeatedly refused to obey a corrections officer's commands to take only one food tray at meal time, struck the officer, wrestled the officer to the floor, and choked the officer until the defendant was tasered. The defendant offered to do violence to the person of an officer by swinging a rake at the officer in a threatening manner when the officer sought to approach the defendant to have the defendant move from blocking the officer's vehicle. 21, 222 S.E.2d 856 (1975); Pate v. State, 137 Ga. App. Feb. 27, 2013)(Unpublished). Cited in Shaw v. Jones, 226 Ga. 291, 174 S.E.2d 444 (1970); Shaw v. State, 121 Ga. App. ( 1970 ) ; Sapp v. State, 234 Ga. App, 2008 Ga. LEXIS 386 ( Ga. )! In accomplishing lawful arrest, 77 A.L.R.3d 281 ( 2003 ) ; Johnson v. State 234... These are the most common examples of obstructing a police officer, in violation of O.C.G.A 's use forearm. 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Jones, 226 Ga. 291, 174 S.E.2d 444 ( 1970 ) Johnson. Are the most common examples of obstructing an officer right to resist force! Defendant 's adjudication of delinquency based upon obstruction of a police officer, violation..., 226 Ga. 291, 174 S.E.2d 444 ( 1970 ) ; Webb v. Ethridge, F.2d.

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