Georgia Resisting Arrest Laws

Both civilians and police officers must act in a certain way during an arrest. However, you don’t really have to be under arrest to run afoul of Georgia‘s resisting arrest laws. This is because, under Georgia law, resisting arrest is a broader offense called obstruction of a law enforcement officer. This law prohibits anyone from interfering with an officer while the officer is performing official duties. For example, if you interfere with someone else’s arrest, give the police false information or a false identification, or tamper with evidence, you could be charged with this crime.

If you’re facing obstruction charges or have questions about your rights during a police encounter, contact a criminal defense attorney near you. They can evaluate your case and help protect your rights.

What Is Obstruction of a Law Enforcement Officer?

In Georgia, what many people think of as “resisting arrest” falls under the broader criminal offense of obstruction of law enforcement. Georgia law,  O.C.G.A. § 16-10-24, which covers this criminal offense, applies beyond mere arrest.

To convict you of obstruction, prosecutors must prove four elements:

• You acted knowingly and willfully. You must understand what you’re doing and deliberately choose to obstruct a lawful arrest. If you genuinely didn’t realize that the person was a law enforcement officer, you may lack the intent needed for conviction.

• Your conduct actually hindered the officer. You don’t have to prevent them from doing their work entirely. Running away, lying, or physically blocking access all count as obstruction.

• The officer was performing their official duties. If an officer acts outside their authority or makes an unlawful arrest, the obstruction statute may not apply.

• The person you obstructed was a covered official. This includes law enforcement officers, correctional officers, and probation officers.

Who Are the Officers Covered by This Law?

The obstruction of justice statute applies when you knowingly and willfully hinder the performance of the official duties of the following officers:

• Law enforcement officers (police, sheriffs, deputies)

• Prison guards

• Jailers

• Correctional officers

• Community supervision officers

• County juvenile probation officers

• Department of Juvenile Justice probation officers

• Probation officers under Article 6 of Chapter 8 of Title 42

• Game wardens

Interfering with any of these officials while they are performing their lawful duties can result in criminal charges. This broad definition means that obstructing a game warden’s patrol car or interfering with a corrections officer‘s duties carries the same legal consequences as obstructing a police officer.

Although O.C.G.A. § 16-10-24 does not specifically list every covered officer, the Georgia Code defines “law enforcement officers” and “peace officers” across various Titles of the Code.

Misdemeanor vs. Felony Obstruction

Georgia state law also recognizes that this criminal offense comes in two forms: misdemeanor and felony. The key distinguishing factor comes in whether the act involves violence or physical force.

Misdemeanor Obstruction of Law Enforcement

Misdemeanor obstruction charges apply when you knowingly and willfully interfere with covered law enforcement personnel performing their duties without violence involved. Georgia courts have found obstruction in cases involving:

• Running from the police during a lawful traffic stop. In Miller v. State (2019), the court found the defendant guilty of obstruction. Here, the defendant ignored uniformed deputies in marked patrol vehicles and drove off despite repeated orders to stop.

• Providing false identification or lying to officers during investigations

• Refusing to pull over when signaled by police. In Golden v. State (2005), a driver was convicted after refusing to stop despite an officer activating the lights and siren.

A conviction carries up to 12 months in county jail and a fine of up to $1,000.

Felony Obstruction of Law Enforcement

The criminal offense could escalate to felony obstruction in two circumstances:

First, felony charges apply when someone resists, obstructs, or opposes a law enforcement officer by using threats of violence or violence. Georgia courts interpret “violence” broadly. Actions that can trigger felony charges include:

• Pushing, shoving, or striking officers during an encounter

• Kicking or attempting to kick officers

• Spitting on officers or throwing bodily fluids at them

• Making threatening gestures or verbal threats of physical harm

Importantly, the officer doesn’t need to suffer actual injury. Simply offering violence or making threatening contact is enough for felony charges.

Second, Georgia law also establishes a felony provision for expelling bodily substances on law enforcement officers. The statute also creates a separate felony offense for knowingly throwing, projecting, or expelling human or animal blood, urine, feces, vomit, or seminal fluid on or at covered law enforcement officials. Spitting on an officer falls within this category.

For a first conviction under either provision, you face one to five years in prison. Repeat offenses carry enhanced penalties. A second conviction carries a sentence of two to ten years’ imprisonment. A third or subsequent conviction results in a sentence of three to 15 years in prison.

In addition to incarceration, a felony conviction under this statute carries a fine of at least $300. If you have questions about whether the obstruction charges you are facing are misdemeanors or felonies, contact a criminal defense attorney. They can review the details of your case and determine how it falls under Georgia criminal law.

Obstruction Charges and Protests

Obstruction charges often come up during protests and demonstrations. If you participate in organized protests, understanding how this law applies to First Amendment activity is important.

Protest-related scenarios that can lead to obstruction charges include:

• Refusing to leave an area after the police issue a lawful dispersal order

• Physically interfering when officers arrest other protesters

• Blocking roadways or building entrances after being told to move

• Linking arms or using tactics to prevent arrests

The First Amendment does protect peaceful protest activity. The U.S. Supreme Court has held that the government can only restrict public demonstrations when there’s a “clear and present danger of riot, disorder, interference with traffic, or other immediate threat to public safety.”

If you face obstruction charges from protest activity, you may raise First Amendment defenses. However, Georgia courts generally hold that the right to protest does not include the right to physically obstruct law enforcement operations. Georgia also has a separate law that prohibits obstruction of public passages. Knowing these laws can help you avoid criminal charges while exercising your right to peaceful protest.

Defenses To Obstruction Charges

Several defenses may apply to obstruction charges, including:

• Unlawful arrest: Georgia recognizes the right to resist an unlawful arrest under common law. In Glenn v. State (2020), the Georgia Supreme Court held that you may use proportionate force to resist or flee from an unlawful arrest or escape from unlawful detention. This defense applies only to unlawful, warrantless arrests and the resulting unlawful detention. If officers have a valid warrant or probable cause, this defense generally does not apply. Furthermore, your use of force must be proportionate to the circumstances. You cannot use deadly force to resist non-deadly force. Georgia is one of the relatively few states that still recognizes this right; many other jurisdictions require compliance even with unlawful arrests.

• The officer was not performing lawful duties: The obstruction statute applies only when officers are engaged in the “lawful discharge” of their official duties. If an officer acts outside their authority, exceeds their legal powers, or conducts an unlawful search or seizure, the obstruction statute may not apply.

• Lack of knowledge or intent: If you genuinely didn’t know you were interfering with law enforcement, or your actions were accidental, you may lack the required mental state for conviction.

• The officer failed to identify themselves: If you had a reasonable belief that the person was not actually a law enforcement officer, this may negate the knowing and willful element of the offense. This defense applies most often with plainclothes officers or unmarked patrol cars.

• First Amendment protections: In protest cases, your lawyer may argue that your conduct was protected political expression and did not actually obstruct officers in carrying out lawful duties.

These defenses involve complex legal issues and careful analysis of the specific facts of your case. Resisting even an unlawful arrest carries significant practical and legal risks. It is best to consult a criminal defense attorney who can explain the law and help you identify the best defense for your case.

Even though Georgia law recognizes a limited right to resist unlawful arrest, most legal aid groups strongly advise against resisting in the moment and instead recommend asserting your rights verbally and challenging the arrest later in court.

Related Offenses

Several other Georgia criminal statutes closely relate to obstruction charges. In some cases, defendants may face these criminal charges instead of obstruction:

Fleeing or Attempting to Elude Police

Georgia‘s Motor Vehicle and Traffic laws specifically address situations where drivers refuse to stop for law enforcement. This offense requires that a uniformed officer in a marked vehicle give a visual or audible signal, such as lights, siren, hand signal, or voice command, ordering the driver to stop.

Hindering the Apprehension of a Criminal

It is a criminal offense to intentionally assist someone in avoiding a lawful arrest or punishment when you know or reasonably believe they have committed a felony. This offense also covers harboring or concealing a wanted person, as well as concealing or destroying evidence of their crime.

False Statements to Government Officials

This offense involves knowingly and intentionally falsifying, concealing, or covering up a material fact from state or local government officials. It most often arises when someone provides false identification, makes misleading statements during an investigation, or submits fraudulent documents. The focus here is on dishonesty and not physical interference.

Contact an Attorney About Your Resisting Arrest Case in Georgia

It can be very difficult to understand the laws on resisting arrest in Georgia. If you’ve been charged and are confused as to how to handle your case, you might want to talk to an experienced criminal defense lawyer who understands the law. Whether you are in Clarke County, Cobb County, or DeKalb County, there are professionals who can guide you in understanding the criminal charge and your rights.