Officers with the Atlanta Police Department are on the lookout for two men who reportedly attack an Atlanta Police Officer as he attempted to break up a fight in a gas station downtown.

The incident actually occurred on Saturday night, however, no suspects have been apprehended yet. According to reports, the officer attempted to take one of the suspects into custody, but that is when he was attacked by another man and was seriously outnumbered. The two male suspects left the scene with the officers firearm and radio.

As an Atlanta DUI Lawyer, I will outline the offense that the two suspects will most likely be facing - obstruction in Georgia. This offense is also known as resisting arrest. Just as with other crimes, charges of DUI in Atlanta are often accompanied by other offenses. DUI penalties in the state of Georgia are already severe, and if charged with both DUI and other crimes in Atlanta, then you are facing some serious consequences.

Resisting Arrest in Atlanta

The criminal offense of resisting arrest, legally known as obstruction, is defined by Georgia Law in O.C.G.A. §16-10-24. The statute outlines two different types of obstruction that have different punishments and classifications.

The first type of resistance is the lower, less serious type and is referred to as misdemeanor obstruction. The law states:

(a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor.

Misdemeanor obstruction has serious penalties. If convicted of misdemeanor obstruction, then a person is facing up to 12 months in jail as well as fines up to $1,000.

The second type of resistance is much more serious and is referred to as felony obstruction. The law states:

(b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.

Felony obstruction has serious penalties as well. If convicted of felony obstruction, then a person is facing up to five years in prison.

Practice Note

As I mentioned earlier in this post, DUI Law in Atlanta is strict, and if you or a loved one has been arrested for DUI or a related crime, you should contact our offices today. An Atlanta DUI Attorney can help you now.

Atlanta DUI Penalties should not be faced without the help of serious legal representation. Our firm has plenty of experience, and we focus exclusively on DUI Defense. Call now.