No one wants to get in trouble with the police. However, if you do anything in Tahlequah that could be construed as obstructing an officer in Oklahoma, you may find yourself in even deeper trouble. Therefore, if you or anyone you know has been charged with obstructing an officer in Oklahoma, contact an experienced Tahlequah attorney today.
Understanding An “Obstruction” Charge
Oklahoma law prohibits willfully delaying or obstructing any public officer in the discharge of their duties.
This definition of obstruction is broad an can encompass almost anything that could prevent an officer from investigating or arresting a crime or person.
For example, giving false information can be construed as obstruction.
Also, a defendant is not required to physically obstruct the officer to be convicted of this crime. Okla. Stat. tit. 21 § 540
Proving The Crime Of Obstructing An Officer In Oklahoma
Once in court, a Tahlequah prosecutor must prove the following five elements before a defendant may be found guilty of the crime:
- The defendant acted willfully and
- delayed or obstructed
- a public officer
- known by the defendant to be an officer
- in the discharge of any duty of their office.
Therefore, it would be difficult to prove that a defendant is guilty of the crime if the officer was undercover or if the defendant was unaware they were attempting to carry out specific duties.
Penalties For Obstructing An Officer In Oklahoma
This crime is a misdemeanor in Tahlequah. If convicted, you could spend up to a year in jail.
Free Consultation: Tahlequah Misdemeanor Defense Attorney
If you or someone you know is facing a criminal charge, please contact an experienced Tahlequah misdemeanor defense attorney from Wirth Law Office.
Call today: 918-458-2677 or toll free at 1-888-447-7262.
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