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
- 1 How serious is obstructing a police officer?
- 2 What is the sentence for obstructing police?
- 3 How much time can you get for obstructing an officer?
- 4 What does being charged with obstruction mean?
- 5 Is obstructing a police officer a felony?
- 6 Is obstruction a serious charge?
- 7 How do you beat an obstruction charge?
- 8 What does it mean obstructing?
- 9 Can you resist being detained?
- 10 Is obstruction of justice a violent crime?
- 11 What is resisting public officer?
- 12 How bad is obstruction of justice?
- 13 What is the most common form of obstruction of justice?
- 14 What does obstructing legal process mean?
- 15 What is obstruction in California?
How serious is obstructing a police officer?
An offence of Resisting, hindering or obstructing a police officer pursuant to section 58 or 60 of the Crimes Act carries a maximum penalty of five years imprisonment in the District Court. It carries2 years imprisonment if the matter is dealt with in the Local Court.
What is the sentence for obstructing police?
Penalties for resisting arrest and obstructing a police officer. Resisting arrest and obstructing a police are both misdemeanors under California law, punishable by: Up to a year in county jail. Up to $1,000 in fines.
How much time can you get for obstructing an officer?
Obstructing a Law Enforcement Officer is classified as a “gross misdemeanor” and is more severe than a regular level misdemeanor. Gross misdemeanors can be punished by up to one year in jail, fines up to $5000, or both.
What does being charged with obstruction mean?
: the crime or act of willfully interfering with the process of justice and law especially by influencing, threatening, harming, or impeding a witness, potential witness, juror, or judicial or legal officer or by furnishing false information in or otherwise impeding an investigation or legal process the defendant’s
Is obstructing a police officer a felony?
Some states call the crime “obstruction.” Resisting arrest occurs when a person interferes with a law enforcement officer’s attempt to perform a lawful arrest. Some states call the crime “obstruction.” The crime can be a felony or a misdemeanor, depending on the severity of the actions of the person being arrested.
Is obstruction a serious charge?
Obstruction is considered a serious crime as law enforcement and prosecution teams view it as an interference.
How do you beat an obstruction charge?
To beat an obstruction of justice charge, you need to present a defence in your support with legitimate evidence and purpose. The best way to do that is to hire a criminal defence attorney.
What does it mean obstructing?
1: to block or close up by an obstacle A piece of food obstructed his airway. The road was obstructed by a fallen tree. 2: to hinder from passage, action, or operation: impede Constant interruptions obstruct our progress.
Can you resist being detained?
Resisting arrest is a misdemeanor, punishable under California Penal Code 148(a)(1) PC. As a standalone crime with its own distinct penalties, you can be charged and convicted for resisting arrest even if you are not found guilty of the crime the officer was attempting to arrest you for.
Is obstruction of justice a violent crime?
Obstruction of justice is a serious crime in California, one that may leave you facing serious criminal penalties if convicted. At The Justice Firm, we provide exceptional legal guidance and support to those who have been accused of any criminal offense.
What is resisting public officer?
California Penal Code 148 PC defines “ resisting arrest ” as willfully resisting, delaying or obstructing law enforcement officers or emergency medical technicians from performing their official duties. This offense is a misdemeanor punishable by up to one year in county jail and fines of up to $1000.00.
How bad is obstruction of justice?
State laws may define obstruction of justice as a felony or a misdemeanor. Some states punish obstruction of justice as a mid-level felony with penalties up to three years in prison. Others charge the crime as a gross misdemeanor with a potential sentence of less than a year in jail and a fine.
What is the most common form of obstruction of justice?
Witness Tampering One of the most common forms of federal obstruction of justice charges is tampering with a witness in a criminal investigation or prosecution. Witness tampering is a felony under 18 U.S.C. Section 1512, which also prohibits tampering with a victim or a government informant.
What does obstructing legal process mean?
The crime of Obstructing Legal Process, like Disorderly Conduct, is a crime that may apply to a broad range of conduct. Obstructing, hindering, or preventing the lawful execution of any legal process, civil or criminal, or apprehension of another on a charge or conviction of a criminal offense.
What is obstruction in California?
Obstruction of a Police Officer Under California Penal Code 148C, it is illegal for an individual to intentionally resist, delay, or obstruct a police officer or EMT performing their official responsibilities. This crime includes resisting arrest.