When someone is charged with obstruction of a law enforcement officer in Georgia, the charge can sound straightforward—but the law behind it is more nuanced than most people realize. Georgia treats obstruction as either a misdemeanor or a felony, and the difference often turns on a single issue: violence. Understanding that distinction is critical, because the penalties and long-term consequences are very different.

Under Georgia law (O.C.G.A. § 16-10-24), obstruction occurs when a person knowingly and willfully obstructs or hinders a law enforcement officer who is performing official duties. Those basic elements apply to every obstruction charge, regardless of whether it’s classified as a misdemeanor or a felony. First, the officer must be acting within the scope of their lawful duties—such as conducting an investigation, making a traffic stop, or attempting an arrest. Second, the person accused must know, or reasonably should know, that the individual they’re dealing with is a law enforcement officer. And third, the conduct must be intentional. Accidental interference or mere misunderstanding is not enough.

Where things really diverge is how the obstruction happens.

Most obstruction charges in Georgia are misdemeanors. Misdemeanor obstruction applies when someone obstructs or hinders an officer without offering or using violence. This category is broader than many people expect. It can include refusing to follow lawful commands, providing false identifying information, interfering verbally in a way that delays an investigation, or even physically pulling away or tensing up during an encounter—so long as no violence is involved. Georgia courts have held that verbal conduct alone can qualify as obstruction if it actually hinders the officer’s ability to do their job, though protected speech by itself is not enough.

A misdemeanor obstruction conviction carries serious consequences. It is punishable by up to 12 months in jail, a fine of up to $1,000, or both. While it may sound minor compared to a felony, a misdemeanor obstruction charge can still affect employment, professional licenses, and future interactions with law enforcement.

Obstruction becomes a felony when the conduct involves offering or doing violence to a law enforcement officer. This is where many cases escalate quickly. Georgia law does not require that the officer be injured for felony obstruction to apply. An attempt to strike an officer, pushing or shoving, fighting during an arrest, kicking, or using—or threatening to use—a weapon can all qualify. Even conduct that creates a substantial risk of injury may be enough. In short, it’s not about whether someone was hurt; it’s about whether violence was offered or used.

Felony obstruction is punishable by one to five years in prison, making it a life-altering charge. A felony conviction can result in the loss of firearm rights, voting restrictions during the sentence, and long-term consequences that extend well beyond the courtroom.

Obstruction charges are highly fact-specific, and small details can make the difference between a misdemeanor and a felony—or between a conviction and a dismissal. If you or someone you care about is facing an obstruction charge in Georgia, understanding how the law works is the first step. Having experienced legal counsel evaluate the facts early can be critical to protecting your rights and your future. Give us a call TODAY at (404)581-0999.