What is the Law Behind Resisting Arrest in Atlanta?

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Atlanta, Ga. - As an Atlanta DUI Lawyer, I have received many questions over the past few days regarding DUI in Atlanta as well as what exactly constitutes resisting arrest or resisting police.

In today's post, I will outline the law behind the offense of resisting arrest, which is known in Georgia by law as obstruction of a police officer. This charge often accompanies DUI charges. Most of the time, it is because a person disagrees or becomes upset during the DUI investigation or arrest process. Let's review the law below.

Obstruction of a Police Officer

Obstruction of a Police Officer is defined in the Georgia Code in O.C.G.A. §16-10-24. The charge itself can be classified as either a misdemeanor offense or a felony offense. The statute reviews what constitutes misdemeanor obstruction as well as what constitutes felony obstruction.

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.

Practice Note

If you have been arrested in the City of Atlanta, call our offices now. Each one of our attorneys has extensive experience with representing those charged with DUI or DUI related offenses. Contact an Atlanta DUI Attorney now.