What is Obstruction of a Police Officer?

Anyone who prevents a police officer from performing their duties may be charged with obstruction of a police officer. Perhaps the most common example is resisting arrest. If found guilty, the offense is a Class B misdemeanor in Tennessee, punishable by up to six months in prison and a $500 fine. If you used a deadly weapon in resisting arrest, then you may be sentenced up to one year in jail and potentially fined $2,500.

The Nashville criminal defense attorneys at Andrew C. Beasley, PLLC, are committed to helping defend your good name against obstruction of law enforcement charges. If you or a family member has been accused of obstruction of a police officer, do not hesitate to contact our experienced team of attorneys.

Tennessee Law on Obstruction Charges

Tennessee law defines obstruction of a police officer to include any acts that prevent law enforcement or anyone acting in a police officer’s presence from “effecting a stop, frisk, halt, arrest, or search of any person.” A police officer may believe that you are obstructing their duties if you do anything that prevents them from performing their job. This can include physical interference, argumentative behavior, refusing to follow commands, or any other form of insubordination. To be convicted under the law, the prosecution must demonstrate that you intentionally prevented or obstructed law enforcement from carrying out the task at hand.

Defenses to Obstruction of a Police Officer Charges

The right legal strategy depends on the details of your situation and available evidence. Unlike other jurisdictions, it is no legal defense to claim that law enforcement’s actions were unlawful. While some states do allow this defense, Tennessee law) prohibits it.

If you have been charged with obstruction of a police officer, you may be able to use any of the following defenses.

Lack of Knowledge

The law requires that you make a deliberate attempt to prevent or obstruct a police officer from performing their duties.

If your act was not intentional, then you cannot be found guilty of obstruction.

False Accusations

If a police officer misinterprets your actions, this may be grounds to have the charges against you dismissed. For example, a police officer may believe that an individual is showing insubordination when, in fact, their failure to follow commands is due to a language barrier. Alternatively, if you were simply disagreeing with a police officer’s statements, this cannot be construed as obstruction. A police officer who claims that someone is obstructing law enforcement in these circumstances is hindering their First Amendment rights.

No Physical Resistance

While argumentative behavior or verbally threatening an officer can support an obstruction charge, there must be some type of physical resistance. If no physical resistance is present, then you cannot be prosecuted under the law.

Guidance from an Accomplished Criminal Defense Team

Charges pertaining to obstruction of a police officer must be taken seriously. A conviction, even with no weapon involved or other aggravating circumstance present, can result in being incarcerated for six months. Poking holes in the prosecution’s case requires convincing evidence. Any video footage, such as surveillance cameras, bodycams, or even a video taken on a cell phone, can show what really happened. Acquiring relevant evidence is best left to a criminal defense lawyer who can help you gather the proof you need. A Nashville criminal defense lawyer can help you reach a successful resolution faster by disproving allegations and challenging inaccurate information.

Speak with Our Nashville Criminal Defense Attorneys Today

If you have been accused of obstructing a police officer’s duties, you need experienced counsel that will protect your interests. At Andrew C. Beasley, PLLC, our Nashville criminal defense lawyers will explain the charges against you, your rights, and exactly what is at stake. We will devise a legal strategy tailored to your situation, giving you the best opportunity for a successful outcome. To arrange your free consultation with a member of our legal team, do not hesitate to reach out to us online or by phone at (615) 846-9889 today.