When you or a loved one is facing criminal charges, you may take steps to deter law enforcement from arresting or prosecuting you or your family member. Unfortunately, however, this in and of itself is a crime. Known as obstruction of justice, this offense encompasses a wide array of actions and behaviors. As such, if you have been charged with this crime, the following blog explores what you should know about what constitutes this offense, the penalties you can face if you are convicted, and the importance of working with a Cobb County criminal defense lawyer to help you explore potential defenses and your legal options.

What Is Obstruction of Justice Under Georgia Law?

As mentioned, obstruction of justice is an umbrella term used to describe any action by someone that knowingly resists, delays, or obstructs a law enforcement officer acting in their legal capacity.

Common examples of obstruction of justice include, but are not limited to, the following:

  • Attempting to flee during an arrest or detainment
  • Physically resisting arrest
  • Failure to comply with a police officer’s lawful commands
  • Providing false information to an arresting officer
  • Interacting with an officer in a way that interferes with their official duties

How Is This Offense Penalized?

Under Georgia law, there are two different types of obstruction charges someone can face. Generally, any verbal obstruction, such as intentionally refusing to comply, is a misdemeanor offense. This carries up to 12 months in jail and the potential for $1,000 in fines. Additionally, this offense will appear on a criminal background check, which means it could impact employment and housing opportunities.

However, if the obstruction involved physical force or threats, it will be charged as a felony offense. This means someone convicted could face between one and five years in prison. However, under certain circumstances, such as when aggravating factors are present or the obstruction revolves around particular offenses like drug crimes or DUIs, the judge may impose even harsher sentences.

What Are Common Defenses I May Utilize if Charged?

In the event you are charged with obstruction of justice, it’s critical to understand that there are defenses you may be able to use to help you fight the charges against you. Generally, one of the most common defenses is a lack of intent. In order to convict you, the prosecutor must show that you intentionally or knowingly interfered with the officer. However, you may be able to show that you were confused or scared, and had no legitimate intention of obstructing the officer.

You may also be able to show that the legality of the interaction with the police officer can aid in your defense. If the officer violated your constitutional rights or acted outside of their legal authority, you may be able to successfully fight the charges. This is because obstruction is typically only charged when someone interferes with an officer acting in their official, legal capacity.

As you can see, an obstruction of justice offense is not something that should be taken lightly. That is why working with an experienced criminal defense attorney with Miller Law Practice is in your best interest. Our dedicated legal team understands how complicated these matters can be, which is why we are committed to helping you fight for the best possible outcome. When you need help, our firm is here. Contact us today to learn more.