Resisting arrest is a serious offense and involves purposefully preventing a law enforcement officer from completing their duties. A conviction can result in significant consequences, so having a solid understanding of your legal rights and options is imperative in protecting yourself. To better understand the penalties associated with resisting arrest, continue reading below. Set up a free consultation with a knowledgeable Cobb County criminal lawyer today to discuss your case and obtain experienced legal counsel.
What is Resisting Arrest?
The crime of resisting arrest is formally referred to as “obstructing or hindering law enforcement officers” and includes a variety of definitions and varying scenarios. The Official Code of Georgia Annotated Section 16-10-24 defines this offense as any of the following actions.
a. Knowingly and willfully obstructing or hindering any law enforcement officer in the lawful discharge of his or her official duties
b. Knowingly and willfully resisting, obstructing, or opposing any law enforcement officer in the lawful discharge of his or her official duties by offering or doing violence to the person of such officer or legally authorized person
c. Knowingly and willfully resisting, obstructing, or opposing any law enforcement officer in the lawful discharge of his or her official duties by knowingly and willfully throwing, projecting, or expelling human or animal blood, urine, feces, vomitus, or seminal fluid on or at such individual
Note that “any law enforcement officer” as described above includes police officers, prison guards, jailers, correctional officers, community supervision officers, county or Department of Juvenile Justice juvenile probation officers, probation officers serving pursuant to Article 6 of Chapter 8 of Title 42, and game wardens.
What Are the Penalties for Resisting Arrest in GA?
Resisting arrest in Georgia is what is known as a “wobbler.” This means that, depending on the details of the offense, the above law can be charged as a misdemeanor or felony. Section a outlined above is a misdemeanor, while b and c are both felony offenses.
The actual penalties you incur for a conviction will vary based on the circumstances of the situation, but the standard consequences for a misdemeanor charge include up to one year in jail and fines of up to $1,000.
The penalties for resisting arrest as a felony include 1 to 5 years in prison and a mandatory minimum fine of $300, though the actual total is often higher.
Because the penalties for this offense are so substantial, it is imperative that you are adequately prepared for your case. Working with a skilled attorney will help ensure that you understand your rights and options, as well as build a strong case equipped with an effective defensive strategy. Reach out to an experienced defense lawyer at Williamson Legal today for more information and representation in your case.
