Being charged with resisting arrest or obstruction of law enforcement can be frightening. However, it’s crucial to understand the penalties you can face upon a conviction. While you may initially brush it off as a simple misunderstanding, these charges can have far-reaching consequences that affect various aspects of your life. Please continue reading as we explore what you should know about these matters and how an experienced Cobb County Criminal Defense Lawyer can help shield you from an uncertain future. 

What Qualifies as Resisting Arrest in Georgia?

Under O.C.G.A § 16-10-24, a person is guilty of Obstruction of Law Enforcement Officers if they knowingly and willfully flee from, struggle with, or threaten an officer during an attempted arrest. Even seemingly minor actions, such as pulling away or refusing to comply, can constitute resistance. It should also be noted that this applies even if the arrest is later deemed unlawful. 

What Are the Potential Penalties? 

Generally, Obstruction of Law Enforcement Officers is classified as a misdemeanor. However, the charge can escalate to a felony if you hinder an officer with violence, such as striking an officer, physically struggling during handcuffing, or making credible threats of harm. 

For a misdemeanor, you’re looking at up to 12 months behind bars and a potential fine of up to $1,000. For a felony, you’re looking at between 1 and 5 years of imprisonment and a mandatory minimum fine. Furthermore, a conviction will result in a permanent criminal record. This can impact future employment opportunities, housing applications, and educational prospects. 

Regardless of whether you suspect your arrest is unlawful, it’s advisable to remain calm to safeguard yourself. You should comply with the officer’s instructions to avoid any complications. 

Are There Any Defenses Available?

A knowledgeable Cobb County criminal defense lawyer can help you determine an appropriate defense strategy to combat your charges. Depending on the unique circumstances of your case, the following defenses may be available: 

  • Lack of Intent: If the “obstruction” was merely a misunderstanding rather than a willful act, you may be able to assert this defense. 
  • Unlawful Discharge of Duties: You can only face charges if a law enforcement officer was performing their duties lawfully. If you suspect the arrest was unjust, you may be able to claim unlawful discharge of duties. 
  • Self-Defense: If a law enforcement officer used excessive force, you may argue that you used reasonable measures to defend yourself. 

The Legal team at Miller Law Practice, LLC, is prepared to help mount the best defense possible on your behalf. Connect with our firm today to schedule your initial consultation.