Atlanta, Ga. - According to officers, a man who they suspect is responsible for opening fire at a house party in West Atlanta resisted arrest and escaped officers by running onto the Atlanta Beltline.
The suspect headed to the Westside Trail. Alcohol was definitely a factor for all attending the party, however, no one is sure as to why the gunfire started. The Atlanta Police Department is asking for anyone who has information to come forward.
As an Atlanta DUI Lawyer, the two offenses that stand out to me the most are the suspects alleged resistance of arrest as well as the escape the suspect made from officers to the Beltline. In today's post, I will outline the law behind the crime of obstruction.
Obstruction - Also Known As Resisting Arrest
O.C.G.A. §16-10-24 defines obstruction in the state of Georgia. Obstruction can be charged as a felony or as a misdemeanor depending on the nature of the offense.
Misdemeanor obstruction is defined in O.C.G.A. §16-10-24(a) as:
When a person knowingly or willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties.
The penalty for a misdemeanor conviction in Georgia is a fine up to $1,000, jail time up to one year, or both. It can also come with community service, anger management classes, or any other punishments allowed under the misdemeanor sentencing laws of Georgia.
Felony obstruction is defined in O.C.G.A. §16-10-24(b) as:
When a person knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, community supervision officer, probation officer, or conservation officer in the lawful discharge of his or her official duties by offering or doing violence to the person.
The penalty for a felony obstruction conviction is a prison term between one and five years. In addition to any prison term imposed, the accused will pay a fine of at least $300. Furthermore, the penalty could include community service and anger management classes.
Call our offices today if you or a loved one has been arrested within the City of Atlanta. We can help you with your case now.