Obstructing an officer charges in Oklahoma typically refer to actions or behaviors that hinder or interfere with law enforcement officers or other authorities while they are performing their official duties. Generally the charge can grow out of simply getting in the way of a criminal investigation or any action made by the Police acting in their official capacity. The Police use this charge broadly and have the tendency to overcharge it. Obstruction of justice is a criminal offense in Oklahoma, and the specific penalties can vary depending on the circumstances and severity of the obstruction. Common forms of obstruction include resisting arrest, interfering with a police investigation, providing false information, or obstructing a court order.
An Example Of Obstructing An Office Charges
Scenario: John is pulled over by a police officer for a suspected traffic violation. During the traffic stop, the officer asks John to step out of his vehicle and provides a lawful reason for the stop. John becomes agitated and refuses to comply with the officer’s instructions. He begins to physically resist when the officer tries to handcuff him.
In this scenario, John’s actions of physically resisting arrest by struggling, pulling away, or attempting to flee could lead to charges of obstructing an officer. This behavior interferes with the officer’s ability to carry out their lawful duty of making an arrest. Depending on the severity of the resistance and whether it leads to any harm to the officer or the need for additional officers to assist, John could face criminal charges for obstructing an officer.
Penalties For Obstruction Charges in Oklahoma
The penalties for obstruction charges in Oklahoma can vary. The basis for this are the specific statutes under which they charge you, and whether they consider the offense a misdemeanor or a felony. Like most crimes the penalty depends on the specific statute and on determining the elements of that statute. An example might be a felony violation requires injury to the Police officer. If there is no injury, the crime might be charged as a misdemeanor.
Misdemeanor Obstruction
Oklahoma will often charge simple obstruction of justice as a misdemeanor. Using the example shown above, if the obstruction did not end in an injury to the Police the charge is likely to be a misdemeanor. A misdemeanor is going to be a less serious violation. It will involve a less obtrusive breach of the peace or a simple infraction or interference with the Police. Penalties for a misdemeanor obstruction charge may include fines, probation, community service, and up to one year in county jail.
Felony Obstruction
In some cases, obstruction charges can elevate to a felony. This happens if the interference or obstruction is more severe or if the actions result in significant harm or damage. For example above, had John injured the Police officer the charge would upgrade to a felony obstructing charge. The degree of injury to the Police officer and if weapons were in use in the obstruction will also impact the charge. It’s important to understand that in the case of felony obstruction and serious injury to the officer this charge may merge with another crime like assault and battery with a deadly on a Police office.
Tulsa Criminal Defense Attorneys Near You
It’s important to note that the specific penalties for obstructing an officer charges in Tulsa can vary based on the unique circumstances of each case. Its crucial that all the evidence is thoroughly examined so that a proper defense can be mounted. Your prior criminal history may also play in to the defense of your case. This prior history can impact any discretion of the District attorneys office or the Judge in your case. If you are facing obstructing an officer charges in Oklahoma we can help. Call the Tulsa Criminal Lawyers Law Firm and get a free and confidential consultation with one of our Tulsa criminal lawyers. Call 918.416.0358