Other Criminal Charges & Offenses Resisting arrest questions

[Dontknowmuch]

Jurisdiction

Georgia

If the defendant is found innocent of the charge they are being arrested for can they still be found guilty of resisting arrest? If yes, what constitutes felony resisting arrest?

 

[Zigner]

If the defendant is found innocent of the charge they are being arrested for can they still be found guilty of resisting arrest? If yes, what constitutes felony resisting arrest?

Yes, of course. They are two separate things. The person involved should be discussing this with their attorney.

PS: It is exceedingly rare for a person to be found "innocent" of what they are charged with. It is far more likely that they are found "not guilty," which simply means that the prosecution wasn't able to prove beyond a reasonable doubt that the defendant was guilty.

 

[Tax Counsel]

You don't have to be guilty of a crime to be lawfully arrested. If you resist an officers lawful effort to arrest you, you may be convicted of that offense even though you were acquitted of the charge that was the basis for the arrest. In Georgia, a felony resisting arrest crime is one in which the suspect resists "by offering or doing violence to the [officer]." See Georgia Code § 16-10-24. In short, some threat or act of violence while resisting will get you the felony charge.

 

[army judge]

Statute	Georgia Code Section 16-10-24 (Obstruction of a law enforcement officer)
Elements of the Crime	Obstructing an officer (misdemeanor) If you knowingly and willfully obstruct or hinder any law enforcement officer from completing his or her duties, you are guilty of a misdemeanor, punishable by 12 months in county jail. Obstructing an officer (felony) If you knowingly and willfully obstruct or hinder officers from completing their duties by threatening violence or actually committing violence, then this is a felony, punishable by a prison term ranging from 1-5 years. Note: Law enforcement officers include not only police officers, but also the following: Prison guards Parole supervisors Probation officers Court officials: judges, jurors, prosecutors, witnesses Conservation rangers
Possible Defenses	Self defense Police misconduct Officer did not identify himself/herself

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

https://www.findlaw.com/state/georgia-law/georgia-resisting-arrest-laws.html

 

[zddoodah]

If the defendant is found innocent of the charge they are being arrested for can they still be found guilty of resisting arrest?

First of all, a defendant on trial for a crime is never "found innocent." The defendant will either be found guilty or not guilty. Not guilty is not the same thing as innocent. In any event, the answer to your question is yes.

If yes, what constitutes felony resisting arrest?

2022 Georgia Code :: Title 16 - Crimes and Offenses :: Chapter 10 - Offenses Against Public Administration :: Article 2 - Obstruction of Public Administration and Related Offenses :: § 16-10-24. Obstructing or Hindering Law Enforcement Officers

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