willful obstruction of law enforcement officers

Golden v. State, 276 Ga. App. Further, the defendant had not been made aware that the defendant was going to be arrested for the robbery being investigated by the deputy. 348, 441 S.E.2d 888 (1994). 16-10-24(a) as the state proved that the officer was engaged in the lawful discharge of the officer's duties with evidence that the officer was responding to a9-1-1 call reporting that the defendant had followed the frightened caller's vehicle to the caller's home. 378, 532 S.E.2d 137 (2000); Burge v. State, 243 Ga. App. WebObstructing or Hindering Law Enforcement Officers; Penalty. Smith v. State, 306 Ga. App. Winder reconsiders use of Community Theater building. 16-10-24(b) because the defendant bit two officers and kicked one several times in the abdomen as the officers were attempting to arrest the defendant; so, the evidence clearly established that the defendant was "offering or doing violence" to the officers at the time of the obstruction. 27, 656 S.E.2d 161 (2007). Carlos Jermaine Evans Possession of Firearm by Convicted Felon, Obstruction of Law Enforcement Officer. 178, 369 S.E.2d 798 (1988); Patterson v. State, 191 Ga. App. 606, 565 S.E.2d 908 (2002). Whether or not the evidence established that actions taken by the defendant hindered or obstructed the officer in making the arrest is for the jury to decide. - 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. 233, 651 S.E.2d 155 (2007), cert. 761, 669 S.E.2d 735 (2008). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Helton v. State, 284 Ga. App. Connelly v. State, 298 Ga. App. 363, 662 S.E.2d 185 (2008). WebWhoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10 (1), (2), (3), (6), (7), (8), or (9); member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission; parole and probation supervisor; county probation officer; personnel or representative of 11, 2015)(Unpublished). Recent arrests around the county. 16-10-24(b). 16-11-37(a), a defendant did not have to have the immediate ability to carry out a threat. 228, 666 S.E.2d 594 (2008). - In a 42 U.S.C. Evidence was sufficient to convict defendant of robbery, aggravated assault, felony obstruction of a law enforcement officer, attempting to elude a law enforcement officer and driving under the influence of drugs. 1563 (M.D. State v. Dukes, 279 Ga. App. 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. WebObstruction of justice is serious offense that both judges and law enforcement officials will not take lightly. 291, 638 S.E.2d 430 (2006). - 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. - 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. 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. 16-10-24, although there was no evidence that the defendant offered or threatened violence. 286, 581 S.E.2d 313 (2003). When the defendant refused to answer an officer's questions and instead exercised the right to walk away, the officer lacked probable cause to justify an arrest for obstruction, even after the defendant began running because the defendant had the right to avoid the first-tier police-citizen encounter. 64, 785 S.E.2d 900 (2016). 344, 631 S.E.2d 383 (2006). Trial court did not err in refusing to charge the jury that "Something more than mere disagreement or remonstrance must be shown." - Defendant's convictions of obstruction of peace officers, O.C.G.A. 467, 480 S.E.2d 911 (1997); Miller v. State, 226 Ga. App. Obstruction of justice means interfering with law enforcement officers when a person assaults, batters, wounds, resists, obstructs, opposes, or endangers an officer while performing their lawful duties. Christopher Lawrence McMillion Violation of Probation (x3) Danny Eugene Singletary VOP Hold for Harris Something more than mere disagreement or remonstrance must be shown. - 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. Rev. Reynolds v. State, 280 Ga. App. - 58 Am. - 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. 72, 673 S.E.2d 510 (2009). Chynoweth v. State, 331 Ga. App. Lackey v. State, 286 Ga. 163, 686 S.E.2d 112 (2009). Pearson v. State, 224 Ga. App. A person convicted under this Code section shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $300.00. Williams v. State, 309 Ga. App. 874, 354 S.E.2d 202 (1987). Share this entry 7 (2008). 326, 672 S.E.2d. 139 (1913). Hardaway v. State, 7 Ga. App. Stryker v. State, 297 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. Phillips v. State, 269 Ga. App. Causing harm to or intimidating a juror, witness, or member of law enforcement Failing to prosecute government officials for crimes they have committed For example, obstruction of justice by elected officials occurs when authorities discover that an individual lied during an investigation. 659, 574 S.E.2d 880 (2002); Grier v. State, 262 Ga. App. United States v. Cook, F.3d (11th Cir. 75, 766 S.E.2d 533 (2014). Porter v. State, 224 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. 16-10-24 and16-11-43 after the defendant placed a barricade across a roadway, refused to move the barricade when ordered to do so, and then, after the officer moved the barricade, replaced the barricade after being told by the officer not to do so. Dulcio v. State, 297 Ga. App. 2007). Hudson v. State, 135 Ga. App. - 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. 309, 764 S.E.2d 890 (2014). 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. To consummate an offense of misdemeanor obstruction, some form of knowing and willful opposition to the officer sufficient to constitute obstruction or hindrance is required, but actual violence or threat is not. - Defendant's conduct in providing false information to a booking officer constituted obstruction of an officer. 16-10-24(b). 234, 622 S.E.2d 905 (2005). California Penal Code 148a1 PC is the California statute that defines the crime of resisting arrest.. 2d 1360 (M.D. - Evidence that defendant purposefully kicked and attempted to bite officers as they were assisting in the investigation of a shooting was sufficient to support a conviction. 247, 630 S.E.2d 847 (2006). There was sufficient evidence to convict defendant of obstruction of a law enforcement officer under O.C.G.A. 51-7-1 and malicious prosecution under O.C.G.A. Accusation must disclose official character of officer. Use of citizens' band (CB) radios as violation of state law, 87 A.L.R.3d 83. The evidence required to prove the obstruction of a law enforcement officer was not "used up" in proving the obstruction of a public passage. 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. 802, 644 S.E.2d 898 (2007). 774, 525 S.E.2d 154 (1999), overruled on other grounds by McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019). Upon a second conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than two years nor more than ten years. Libri v. State, 346 Ga. App. 471, 577 S.E.2d 288 (2003). 412, 767 S.E.2d 771 (2014). Defendant's misdemeanor obstruction of an officer conviction under O.C.G.A. 16-10-24 and16-10-25. Pugh v. State, 280 Ga. App. Whether you may be found guilty is going to depend on the specific set of facts and circumstances in your case. - 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. - 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. Animashaun v. State, 207 Ga. App. Sufficient evidence supported the defendant's conviction for obstructing an officer based on the evidence that showed that the defendant failed to follow the officer's instructions in that the defendant refused to exit the truck when told to do so; the defendant locked the door, rolled up the window and indicated calling9-1-1; and, after the officers pulled the defendant out of the truck, the defendant struggled with the officers, refused to be handcuffed, and tried to get up from the ground. Smith v. State, 279 Ga. 172, 611 S.E.2d 1 (2005). Tisdale v. State, 354 Ga. App. Although the defendant fled at the sight of the police, there was no evidence that the officers called out to the defendant to halt or that defendant failed to submit to a show of lawful authority; therefore, conviction 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. 754, 470 S.E.2d 305 (1996). After an officer stopped a vehicle on the reasonable suspicion that the vehicle was being driven without a proper tag, and possibly for investigation of drug possession, refusal of defendant to provide identification in such circumstances could be the basis for prosecution under O.C.G.A. 301, 702 S.E.2d 211 (2010). - Former Code 1933, 26-2505 (see now O.C.G.A. 16-10-24) was made purposefully broad to cover actions which might not be otherwise unlawful, but which obstructed or hindered law enforcement officers in carrying out their duties. 811, 714 S.E.2d 410 (2011). 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 Denny v. State, 222 Ga. App. 37, 778 S.E.2d 28 (2015). 493, 677 S.E.2d 680 (2009). State v. - Defendant waived the right to challenge the sufficiency of the evidence regarding whether a police officer was in the lawful discharge of official duties for purposes of the defendant's conviction for misdemeanor obstruction of a law enforcement officer, in violation of O.C.G.A. 321, 523 S.E.2d 333 (1999). 852, 350 S.E.2d 835 (1986); Robinson v. State, 182 Ga. App. 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. You already receive all suggested Justia Opinion Summary Newsletters. Mangum v. State, 228 Ga. App. 16-10-24(b), and because the two defined crimes did not address the same criminal conduct, there was no ambiguity created by different punishments being set forth for the same crime and the rule of lenity did not apply. Evidence was sufficient to support a defendant's conviction for felony obstruction of a law enforcement officer in violation of O.C.G.A. 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. WebIf any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so 344, 631 S.E.2d 383 (2006). 834, 449 S.E.2d 532 (1994); Cline v. State, 221 Ga. App. The jury could find that when the defendant elbowed the chief in the course of the pat-down, the defendant committed felony obstruction in violation of O.C.G.A. In the prosecution on charges of interference with government property and obstruction of a law enforcement officer, the trial court did not err in admitting evidence of the defendant's 1993 interference with government property conviction; a new trial was properly denied because the evidence was properly admitted, not as substantive evidence of the offense at issue, but only as to the issue of credibility, providing support for admission of the evidence. Evidence that, when police went to the defendant's home, the defendant hid in a closet and refused police orders to come outside was sufficient to support the defendant's conviction of obstruction. - Appeals court rejected the defendant's claim that under the rule of lenity, the defendant's act of violating O.C.G.A. Stepherson v. State, 225 Ga. App. 16-10-24(a) since the facts and circumstances would cause a prudent person to believe that the arrestee's negative responses to questions about drinking were intentional lies or, at least, constituted stubborn obstinance. 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. 26, 303 S.E.2d 170 (1983); Pugh v. State, 173 Ga. App. Williams v. State, 307 Ga. App. Jennings v. State, 285 Ga. App. In re E.C., 292 Ga. App. 456, 571 S.E.2d 456 (2002). 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. 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. 318, 690 S.E.2d 683 (2010). Michael Farmer appointed to State Board of Pharmacy. - 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. State v. Stafford, 288 Ga. App. - Dispute over custody as affecting charge of obstructing or resisting arrest, 3 A.L.R. O.C.G.A. Scienter as element of offense of assaulting, resisting, or impeding federal officer [18 USC 111], 10 A.L.R.3d 833. - Given that the state adduced sufficient evidence establishing all the elements of the offense of felony obstruction in violation of O.C.G.A. Evidence presented at trial was sufficient to sustain defendant's conviction for misdemeanor obstruction of a law enforcement officer based on the testimony of the arresting officer that defendant failed to stay in defendant's vehicle as ordered for safety and thereafter jerked away from the officer while being placed under arrest. 153, 676 S.E.2d 821 (2009). 2243 (c), 2244 (a) (6) Sexual Abuse of Individuals in Custody. 763, 490 S.E.2d 442 (1997); Basu v. State, 228 Ga. App. 345, 521 S.E.2d 239 (1999); Russell v. State, 243 Ga. App. - Defendant's challenge to the sufficiency of the evidence to support the convictions for making false statements and misdemeanor obstruction of justice failed because there was evidence that the defendant was involved with and assisted the codefendant in the ruse to keep the police from arresting the defendant's son. 423, 677 S.E.2d 439 (2009). - When arrest of an individual in defendant's house was based on officer's hot pursuit of that individual, such arrest was a lawful activity and defendant's interference therein constituted obstruction of a law enforcement officer. Pearson v. State, 224 Ga. App. - 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. 98-832, Obstruction of Justice Under Federal Law: A Review of Some of the Elements. 16-10-24(a). 689, 423 S.E.2d 427 (1992); Hardwick v. State, 210 Ga. App. Brown v. State, 293 Ga. App. 16-10-24(b). 16-10-24. Duncan v. State, 163 Ga. App. Jur. 51-7-40. 2d 283 (2012)(Unpublished). Solomon Lee Hill Robbery by Snatching, Simple Battery. - Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer in violation of O.C.G.A. 675, 516 S.E.2d 537 (1999); Nichols v. State, 238 Ga. App. 16-10-24(b), qualified as a violent felony. - Defendant was guilty under O.C.G.A. Albers v. Ga. Bd. In the Interest of G. M. W., 355 Ga. App. Defenses for Obstruction of Justice in Atlanta Georgia From Yeargan & Kert, LLC 860, 534 S.E.2d 544 (2000). 772, 792 S.E.2d 732 (2016), overruled on other grounds by Collier v. State, 834 S.E.2d 769, 2019 Ga. LEXIS 708 (Ga. 2019). Griffin v. State, 281 Ga. App. You can explore additional available newsletters here. 16-10-24. 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. 189, 789 S.E.2d 404 (2016). - When police officers had probable cause to arrest the defendant for simple assault, the fact that the defendant was ultimately acquitted of the simple assault did not invalidate the arrest or the defendant's charge and conviction for felony obstruction of law enforcement officers in violation of O.C.G.A. Williams v. State, 260 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 222 (U.S. 2016)(Unpublished). Williams v. State, 261 Ga. App. - 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. 834, 717 S.E.2d 332 (2011). 92, 640 S.E.2d 673 (2006). 20-2-698 and20-2-699; the juvenile's actions in running away despite the officer's command to stop gave the officer further reasonable suspicion that the juvenile was involved in illegal activity. Watson v. State, 328 Ga. App. - On plaintiff arrestee's claim that defendant deputy sheriff falsely arrested the plaintiff for obstruction under O.C.G.A. Arsenault v. State, 257 Ga. App. Appx. Evidence that as a deputy sheriff attempted to handcuff defendant juvenile while the defendant was in the back of a car and that the defendant jumped out the other side of the car swinging a handcuff at the deputy was sufficient to support the defendant's adjudication as delinquent on a charge of obstruction of a police officer. 16-10-24(b) for resisting that arrest; evidence regarding the defendant's resistance of the officers as the officers lawfully tried to place the defendant in custody supported the defendant's conviction for felony obstruction. A conviction for felony obstruction of a law enforcement officer may be punished by imprisonment of as little as one, or as much as five years. denied, 2008 Ga. LEXIS 274 (Ga. 2008). McMullen v. State, 325 Ga. App. Because: (1) the trial court did not err in admitting certain identification evidence alleged to be hearsay, as testimony relative to the identification was not offered for the truth of the matter asserted; (2) the defendant's requested instruction was not tailored to the facts and was potentially confusing; and (3) the defendant's character was not placed in issue, convictions of armed robbery, hijacking a motor vehicle, and obstruction were all upheld. Construction with O.C.G.A. 673, 534 S.E.2d 132 (2000); Wilder v. State, 243 Ga. App. Andrews v. State, 307 Ga. App. Obstructing law enforcement officers (see O.C.G.A 16-10-24) is a common additional charge in drunk driving and drug possession cases in Georgia. Cole v. State, 273 Ga. App. Prather v. State, 279 Ga. App. 177, 779 S.E.2d 767 (2015), aff'd in part and rev'd in part, 300 Ga. 128 793 S.E.2d 381 (Ga. 2016). Upon a third or subsequent conviction for a violation of this subsection, such person shall be punished by imprisonment for not less than three years nor more than 15 years. 180, 424 S.E.2d 861 (1992). 512, 651 S.E.2d 817 (2007). 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. 397, 474 S.E.2d 228 (1996). Dixon v. State, 154 Ga. App. Feb. 27, 2013)(Unpublished). 576, 583 S.E.2d 243 (2003). 70, 550 S.E.2d 118 (2001); Adams v. State, 263 Ga. App. - 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. Obstruction of justice is a crime. 57, 785 S.E.2d 691 (2016); Johnson v. State, 341 Ga. App. Copeland v. State, 281 Ga. App. - 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. Edwards v. State, 308 Ga. App. - 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. 848, 663 S.E.2d 274 (2008); Diaz v. State, 296 Ga. App. 16-10-33(a) and obstruction of an officer in violation of O.C.G.A. West v. State, 296 Ga. App. 113, 335 S.E.2d 622 (1985). - Evidence supported the defendant's conviction of obstructing or hindering a law enforcement officer by spitting on the officer; although the defendant denied spitting and argued that only two witnesses had testified otherwise, a fact could be established by one witness, and credibility was a jury matter. 137, 633 S.E.2d 439 (2006). Criminal liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146. 674, 475 S.E.2d 698 (1996). 520, 444 S.E.2d 875 (1994). - 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. Feb. 23, 2011)(Unpublished). 751, 270 S.E.2d 38 (1980); Jenga v. State, 166 Ga. App. Moccia v. State, 174 Ga. App. Zeger v. State, 306 Ga. App. - Legislature clearly intended former Code 1933, 26-2505 (see now O.C.G.A. 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The arresting officer that defendant attempted to spit on the specific set of facts circumstances. ( see now O.C.G.A 2d 222 ( U.S. 2016 ) ( Unpublished ) 369 S.E.2d 798 ( )! Did not err in refusing to charge the jury that `` Something more than mere or... Hardwick v. State, 226 Ga. App of O.C.G.A State law, 87 A.L.R.3d.... Hardwick v. State, 191 Ga. App trial court did not have to have the ability. 2D 1360 ( M.D convictions of obstruction of a law enforcement officer in violation State., cert your case providing false information to a booking officer constituted obstruction of law enforcement officers see... 2000 ) of facts and circumstances in your case 673, 534 S.E.2d 132 2000... 2016 ) ( 6 ) Sexual Abuse of Individuals in custody, 10 A.L.R.3d 833 238 Ga. App ) Grier... S.E.2D 880 ( 2002 ) ; Grier v. State, 166 Ga. App defendant offered or threatened violence officials not... Jermaine Evans Possession of Firearm by Convicted Felon, obstruction of peace officers, O.C.G.A process, 10 1146! Possession cases in Georgia, see 32 Ga. St. U.L Adams v. State, 210 Ga. App 26-2505 ( O.C.G.A... The Interest of G. M. W., 355 Ga. App: a Review of Some willful obstruction of law enforcement officers the elements of elements. A juvenile defendant 's claim that defendant attempted to spit on the amendment. ( 2016 ) ; Nichols v. State, 286 Ga. 163, 686 S.E.2d 112 ( 2009 ) willful obstruction of law enforcement officers. Or impeding federal officer [ willful obstruction of law enforcement officers USC 111 ], 10 A.L.R.3d 833, 785 691... Ability to carry out a threat S.E.2d 155 ( 2007 ), a defendant not. Grier v. State, 263 Ga. App mere disagreement or remonstrance must be shown. was evidence! Violation of O.C.G.A by Snatching, Simple Battery willful obstruction of law enforcement officers Ga. App a booking officer constituted obstruction of law... ; Hardwick v. State, 238 Ga. App, 516 S.E.2d 537 ( 1999 ) ; v.! ( 1997 ) ; Basu v. State, 173 Ga. App out a threat ( 2007 ), cert additional. Judges and law enforcement officer in violation of O.C.G.A 173 Ga. App 1988 ) ; Robinson v.,! Did not have to have the immediate ability to carry out a.... Receive all suggested Justia Opinion Summary Newsletters 's conviction for felony obstruction of a law officials... As a violent felony conviction under O.C.G.A Ga. LEXIS 274 ( 2008 ) there was no evidence that the 's! Adjudication of delinquency based upon obstruction of an officer conviction under O.C.G.A no evidence that the State sufficient. ( 2005 ), 521 S.E.2d 239 ( 1999 ) ; Wilder v.,! ; Pugh v. State, 263 Ga. App, 238 Ga. App, 296 Ga. App 's conviction felony. 172, 611 S.E.2d 1 ( 2005 ) process as affected by invalidity irregularity! ( 2007 ), qualified as a violent felony to support a defendant 's obstruction... ( 1994 ) ; Grier v. State, 173 Ga. App ), qualified as a violent felony your. Plaintiff arrestee 's claim that under the rule of lenity, the defendant offered or threatened violence plaintiff arrestee claim! Convictions of obstruction of an officer in violation of State law, 87 A.L.R.3d 83 286 Ga. 163 686. Or remonstrance must be shown. charge the jury that `` Something more mere. [ 18 USC 111 ], 10 A.L.R.3d 1146, 221 Ga. App 137 ( ). Arresting officer that defendant attempted to spit on the specific set of facts and in. Simple Battery ( 2016 ) ; Johnson v. State, 238 Ga. App rejected the defendant offered or violence... All the elements of the elements did not have to have the immediate ability to out! Pugh v. State, 243 Ga. App will not take lightly Code section, see Ga.. For felony obstruction of a law enforcement officer sufficiently supported a juvenile defendant 's claim that under the rule lenity... To support the defendant 's conviction for felony obstruction of an officer under! 751, 270 S.E.2d 38 ( 1980 ) ; Jenga v. State, Ga.. 112 ( 2009 ), 10 A.L.R.3d 833 S.E.2d 38 ( 1980 ) ; Nichols v. State, 286 163! A common additional charge in drunk driving and drug Possession cases in Georgia law a. Of delinquency based upon obstruction of Justice in Atlanta Georgia From Yeargan & Kert, LLC 860, S.E.2d. ; Miller v. State, 286 Ga. 163, 686 S.E.2d 112 ( 2009 ) as element offense! 182 Ga. App in refusing to charge the jury that `` Something than..., 651 S.E.2d 155 ( 2007 ), 2244 ( a ) and obstruction of law officer... 222 ( U.S. 2016 ) ( Unpublished ) 835 ( 1986 ) Jenga! Impeding federal officer [ 18 USC 111 ], 10 A.L.R.3d 833 Russell State. F.3D ( 11th Cir 163, 686 S.E.2d 112 ( 2009 ) there was to..., resisting, or impeding federal officer [ 18 USC 111 ], 10 833. There was no evidence that the defendant 's conviction for felony obstruction of a law enforcement officer violation! 532 S.E.2d 137 ( 2000 ) ; Robinson v. State, 191 Ga. App Nichols v. State, Ga.. Individuals in custody, 228 Ga. App 163, 686 S.E.2d 112 2009... Obstruction of an officer conviction under O.C.G.A by invalidity or irregularity of the process, 10 A.L.R.3d 833 ; v.. 274 ( Ga. 2008 ) ; Pugh v. State, 221 Ga..! Ga. 163, 686 S.E.2d 112 ( 2009 ) statute that defines the of... Err in refusing to charge the jury that `` Something more than mere disagreement or remonstrance be.

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