Sometimes you may feel the law isn’t always on your side and you may be defiant towards officers who interact with you. However, behaving this way may result in a charge of obstructing an officer, which is a misdemeanor in Oklahoma.
Generally, Oklahoma law defines this crime as “willfully delaying or obstructing any public officer in the discharge or attempt to discharge any duty of his office.” Use of physical force is not required, and a defendant can still be charged with obstruction just by using words alone.
Defining “Obstruction” in Muskogee
In addition to Oklahoma’s definition, the city of Muskogee expands “obstruction” of an officer to also mean the following:
1) Flight by one sought to be arrested before the arresting officer can restrain him and after notice is given that he is under arrest;
2) Any violence toward or any resistance or opposition to the arresting officer after the arrested party is actually placed under arrest and before he is under arrest; or
3) Refusal by the arrested party to give his name and make his identity known to the arresting officer.
Punishment for Obstructing an Officer
Whether you are charged under Oklahoma or Muskogee law for obstructing an officer, you will face a misdemeanor charge, which usually carries a fine, up to a year in jail, or both. Misdemeanors almost never result in more than one year in jail time.
In order to secure a conviction for obstructing an officer, a prosecutor will need to prove that a defendant acted willfully in obstructing an officer, and that he was aware that he was an officer trying to complete his duties. Therefore, the prosecutor must present evidence that the defendant acted with the intention to obstruct an officer. This can be difficult, as the prosecution must prove this beyond a reasonable doubt.
Low-cost Consultation: Muskogee Criminal Defense Lawyer
If you are being investigated or have already been charged with obstructing an officer in Oklahoma, contact an experienced Muskogee criminal defense lawyer as soon as possible to protect your legal rights. Your
Call Wirth Law Office – Muskogee today at 918-913-0725, or toll free at 1-888-447-7262 [Wirth Law].
