willful obstruction of law enforcement officers

843.05. Jamaarques Omaurion Cripps Terroristic Pinkston v. State, 277 Ga. App. - Because defendant was convicted of a traffic offense and given an alternative sentence of a fine or jail term, defendant was not justified in resisting an officer's attempts to jail the defendant after defendant refused to pay the fine. White v. State, 310 Ga. App. 778, 673 S.E.2d 286 (2009). 16-10-24(b) as the jury could have found that the conduct did not rise to the level of "offering and/or doing violence" to the officer's person. As the jury was entitled to find that the defendant's refusal to obey the officer's commands hindered or obstructed the officer, the evidence was sufficient to support the defendant's conviction of obstruction of a law enforcement officer. 834, 449 S.E.2d 532 (1994); Cline v. State, 221 Ga. App. Andrews v. State, 307 Ga. App. Reeves v. State, 288 Ga. App. Hudson v. State, 135 Ga. App. 905, 392 S.E.2d 330 (1990); Westin v. McDaniel, 760 F. Supp. Refusing to assist prison officers in arresting escaped convicts. Conviction of obstruction of a law enforcement officer, O.C.G.A. Resisting timber agent. As the officer never told the defendant to stop running, there was no probable cause to arrest the defendant for obstruction. - Trial court did not err in preventing defense counsel from arguing the "illegality" of defendant's arrest, where defendant testified that defendant struck a police officer in defense of defendant's spouse, not in resistance to an unlawful arrest. 16-10-24 and16-10-25. - Defendant's conviction of felony obstruction of a law enforcement officer was supported by sufficient evidence as the defendant kicked an officer in the groin and violently struggled with the officer while the officer was placing the defendant under arrest. Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or game warden in the lawful discharge of his or her official duties shall be guilty of a misdemeanor. 401, To establish a crime under the [disclosure to a] law enforcement officer section of the Act, the 378, 532 S.E.2d 137 (2000); Burge v. State, 243 Ga. App. 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. 642, 725 S.E.2d 777 (2012); Taylor v. State, 319 Ga. App. 746, 660 S.E.2d 841 (2008). It is not necessary to prove the individual intended the harm caused by his actions. 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. In the Interest of D.B., 284 Ga. App. Lepone-Dempsey v. Carroll County Comm'Rs, F.3d (11th Cir. 312, 480 S.E.2d 614 (1997); Pearson v. State, 224 Ga. App. 746, 660 S.E.2d 841 (2008). Jenkins v. State, 345 Ga. App. 16-10-24(a) because: (1) ten minutes elapsed since the alleged aggressor in the domestic violence dispute had been handcuffed and placed in the patrol car; (2) the arrestee patiently waited after approaching an officer standing outside for a few minutes before making a request that law enforcement vehicles be moved and then requested to speak with the officer in charge; (3) throughout the exchange the arrestee maintained a calm voice and demeanor; and (4) the arrestee did not impede or hinder the officer in the performance of the officer's police duties; though the arrestee may have refused to obey an order to leave the scene by attempting to approach another officer, an arrest for obstruction could not be predicated upon such a refusal to obey a command to clear the general area entirely beyond the zone of police operation, which, in the circumstances described, was clearly an overly broad and unreasonable demand that exceeded reasonable law enforcement procedure and needs. 474, 702 S.E.2d 474 (2010). - After the officer arrived at the scene and tried for two to three minutes to persuade the defendant to calm down, but the defendant persisted in defendant's verbal barrage of obscenities and insults addressed to defendant's spouse and the police, it was this interference with the officer's attempt to maintain the peace that formed the basis for the officer's ultimate decision to arrest the defendant for misdemeanor obstruction, and the fact that the officer delayed the officer's decision until the defendant retreated to the apartment, and continued to disrupt the peace (eventually producing a crowd of 60 to 80 onlookers) did not detract from the propriety of that basis for arrest. denied, No. Jones v. State, 242 Ga. App. Merenda v. Tabor, 506 Fed. 7, 706 S.E.2d 710 (2011). When the evidence showed completion of the greater offense of felony obstruction of an officer, the defendant was not entitled to a charge on the lesser included offense of misdemeanor obstruction of an officer. Sufficient evidence supported defendant's conviction for misdemeanor obstruction of a police officer as the evidence showed that following the traffic stop of defendant's vehicle, defendant, who was handcuffed, fled the scene, requiring that officers pursue and apprehend defendant. 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. 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. 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. State v. 42, 479 S.E.2d 454 (1996); Nunn v. State, 224 Ga. App. Defenses for Obstruction of Justice in Atlanta Georgia From Yeargan & Kert, LLC denied, No. Verbal threats of force or violence can obstruct an officer and authorize a felony conviction under O.C.G.A. WebArticle 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES 16-10-24 - Obstructing or hindering law enforcement officers. 16-10-24. - Defendant was properly sentenced as an armed career criminal because the defendant's 1998 Georgia felony conviction for obstructing or hindering a law enforcement officer was a violent felony and the defendant's 1998 Georgia felony conviction for possessing marijuana with the intent to distribute fell squarely within the Armed Career Criminal Act's definition of a serious drug offense. 308, 398 S.E.2d 292 (1990), overruled on other grounds, Duke v. State, 205 Ga. App. - Trial court properly refused to give a jury instruction that was an incorrect statement of the law. 2d 373 (2004). 209, 422 S.E.2d 15, cert. Feb. 27, 2013)(Unpublished). - Defendant was guilty under O.C.G.A. Timberlake v. State, 315 Ga. App. 16-10-24(b). 16-10-24, prohibiting obstructing or hindering the police, as these statutes did not provide for a civil cause of action; furthermore, the legislature provided statutory civil remedies in the form of false arrest under O.C.G.A. - Defendant may commit the offense of resisting arrest even after being informed that the defendant is under arrest. Smith v. State, 279 Ga. 172, 611 S.E.2d 1 (2005). 66, 622 S.E.2d 425 (2005). Todd v. Byrd, 283 Ga. App. Despite the defendant's challenge to the sufficiency of the evidence, specifically, that no evidence showed the malice element of a cruelty-to-children offense, and that the evidence failed to show the defendant harmed the police officer to support an obstruction offense, convictions on those offenses were upheld on appeal as: (1) the severity of the bite marks inflicted on the child victim allowed the court to infer malice; (2) actual harm to the officer was not an essential element of an obstruction charge; and (3) the defendant's act of swinging at the officer's face during an effort to resist arrest supported an obstruction. - Defendant's act of swinging the defendant's fist at the deputy satisfied the elements of both riot in a penal institution under O.C.G.A. - Evidence was sufficient to support a conviction since the defendant told a police officer that "if he saw [him] again, he was going to pop a cap in his ass," which is street slang for shooting somebody. Evidence supported the defendant's conviction for obstruction of an officer as officers shouted to the defendant to show the officers the defendant's hands, but the defendant did not respond. Stepherson v. State, 225 Ga. App. Lemarr v. State, 188 Ga. App. 16-10-24. Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 4: Willful Obstruction of Law Enforcement Officers-Felony: 11/17/2019 12:50 AM: 3/8/2021: PLED GUILTY ON CHGS: 3/8/2021: Felony: Completed: 3: Willful Obstruction of Law Enforcement Officers The misdemeanor charge is 12 months in county jail. 819, 578 S.E.2d 516 (2003). When an initial stop was lawful and the defendant failed to stop when ordered to do so, there was probable cause to believe O.C.G.A. Williams v. State, 301 Ga. App. 85, 498 S.E.2d 531 (1998). 432, 626 S.E.2d 626 (2006). 442, 622 S.E.2d 587 (2005). 712 (1997). Green v. State, 339 Ga. App. 16-10-24, and there was no evidence to support such a charge in law or in fact, the trial court did not err in refusing to deny defendant's request to give a charge thereon. 842, 538 S.E.2d 902) (2000); and Cooper v. State, 270 Ga. App. 16-1-6 of the charge against defendant of interfering with government property by kicking the sink off the wall and flooding defendant's jail cell under O.C.G.A. 614, 347 S.E.2d 354 (1986); In re M.E.H., 180 Ga. App. Because a high school principal told a school security officer to be on the lookout for a juvenile who was skipping class and would be involved in an after-school fight, the officer was engaged in the lawful discharge of official duties when the officer sought to find and detain the juvenile. Willful Obstruction The individual willfully, intentionally resisted, delayed, or obstructed a law enforcement officer. 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