Table of Contents
What does obstructing a law enforcement officer mean?
The crime of Obstructing a Law Enforcement Officer is defined under state law as when a person “willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties.” It is a statute that is often misused by a police officer to punish a person for being …
Is obstruction a serious charge?
STATE PENALTIES Most states punish obstruction of justice as a felony with penalties of up to 3 years in prison. Criminal penalties in California can be severe in both felony and misdemeanor cases. As a felony, obstruction carries a prison term of up to 5 years along with substantial fines.
How do you beat an obstruction charge?
Defenses for Obstruction of Justice
- Showing that the conduct was not illegal or unlawful.
- Proving that the actions were protected under the First Amendment, such as free speech and the right to peacefully assemble.
- Demonstrating that the conduct did not hinder a police officer in carrying out his or her duties.
What is the penalty for obstructing the inspector?
Whoever willfully obstructs an Inspector in the exercise of any power conferred on him by or under this Act, or fails to produce on demand by an Inspector any register or other documents in his custody kept in pursuance of this Act or of any rules made thereunder, or conceals or prevents any workers, in a factory from …
How much time does obstruction of justice carry?
Generally, federal obstruction of justice is punishable by up to five years in prison.
Is lying to the police illegal?
It is illegal to knowingly make a false report of a crime (misdemeanor or felony) to a peace officer, to someone employed to accept crime reports, or to a prosecutor under Penal Code section 148.5.
What does the law say about obstructing a peace officer?
45-7-302. Obstructing peace officer or other public servant. (1) A person commits the offense of obstructing a peace officer or public servant if the person knowingly obstructs, impairs, or hinders the enforcement of the criminal law, the preservation of the peace, or the performance of a governmental function, including service of process.
What does it mean to obstruct a police officer?
Obstructing Police. Section 89 Police Act 1996. Section 89 of the Police Act is more commonly used against activists when they’re accused of obstructing a police officer while that officer is attempting to do their job.
What is obstruction of law enforcement in Georgia?
There are a plethora of ways a person can be charged with obstruction of law enforcement officers in Georgia. Some examples include: Resisting arrest, with or without using force. Hindering a police investigation. Lying to an officer. Giving false or misleading information to an officer. Running from an officer.
What does section 89 of the Police Act mean?
Section 89 Police Act 1996. Section 89 of the Police Act is more commonly used against activists when they’re accused of obstructing a police officer while that officer is attempting to do their job. There are more rare incidents when someone is accused of assaulting an officer.