An individual may be charged with resisting or obstruction of a police officer without the use of physical force. Many state laws only indicate that an individual may be charged when they resist or obstruct a law enforcement officer who is on the job.
Because of this, many courts interpret these terms broadly, which allows for charges when any type of interference with law enforcement work occurs. The crime of obstructing a law enforcement officer is typically defined as when the individual willfully hinders, delays, or obstructs any law enforcement officer in the discharge of their official powers or duties.
It may be helpful to examine the laws of a specific state on this issue. In Wisconsin, resist means to oppose a law enforcement officer by force or by the threat of force.
To obstruct the law enforcement officer means to prevent or make more difficult the performance of the law enforcement officer’s duties. Both of these charges require the law enforcement officer to be acting in their official capacity and performing duties which they are employed to perform and with lawful authority, meaning that the actions of the law enforcement officer are not themselves in violation of the law.
In order to obtain a conviction for resisting or obstructing in Wisconsin, the prosecution is required to show that the defendant knew or had reason to know that the law enforcement officer was indeed acting in their official capacity and with lawful authority. Although both the charges of resisting and obstructing a law enforcement officer require some action, or volitional act, by the defendant, either physical or verbal, the charge of obstruction can be trickier.
Obstruction charges may result from a defendant providing information to a law enforcement officer which is deemed to be false information. One obvious form of obstruction occurs when a defendant provides false identifying information, such as a false name.
One less obvious example of obstruction occurs when a defendant denies involvement in an action which the law enforcement officer is investigating. Any affirmative statement that a defendant provides to a law enforcement officer which a prosecutor believes they can prove to be false may be charged as obstruction.
Obstruction or resisting arrest may result in a misdemeanor or a felony charge depending on the facts of the case. A misdemeanor resisting arrest charge typically includes an individual’s actions, which may include running and hiding from a law enforcement officer.
A felony resisting arrest charge typically includes a violent action towards the law enforcement officer or a threat to act violently towards the law enforcement officer. In order to convict a defendant for felony resisting arrest, the prosecution must prove the following elements, which may vary by state, beyond a reasonable doubt:
- The defendant intentionally resisted or obstructed a law enforcement officer;
- The defendant acted or threatened to act violently towards the law enforcement officer; and
- The law enforcement officer was lawfully discharging their official duties.
Lawfully discharging their official duties means that the law enforcement officer was properly engaged in the performance of their official duties, including making a traffic stop or investigating a crime. It is important to note that the law enforcement officer may be acting lawfully even if they are arresting the wrong individual and even if the charges against a defendant are dropped or that defendant is acquitted at trial.
Who is a Law Enforcement Officer?
The laws of each state may vary regarding the definition of a law enforcement officer. In addition to a police officer, a sheriff, and other commonly encountered peace officers, the term law enforcement may include other personnel, such as:
- Prison guards;
- Probation supervisors;
- Parole supervisors;
- Park rangers; and
- Correctional officers.
It is important to note that because a private security guard is not performing a public duty, they are typically treated as private citizens and not as law enforcement officers. Therefore, laws governing resisting arrest do not apply to an attempted arrest by a security guard.
However, this may be different when a private security guard is actually an off-duty law enforcement officer. Some courts have held that the laws governing resisting arrest do apply to off-duty law enforcement officers who are working as private security guards.
However, other courts have held that the opposite is true. Because of this, it is important to consult with a local attorney to determine the laws of the individual’s state.
How Does a Court Determine if Non-physical Interference Constitutes Resisting or Obstructing a Police Officer?
There are certain laws and factors a court will examine to determine if non-physical interference constitutes resisting or obstructing a law enforcement officer. First, a court will interpret their state laws regarding obstructing or resisting a police officer without force or with force to determine whether physical force is a requirement of the offense.
In many cases, laws which use certain terms are generally considered to include both physical and non-physical interference. These terms include:
- Obstruct;
- Resist;
- Abuse;
- Interfere; or
- Oppose.
In other words, unless the state law actually says that resisting or obstructing a law enforcement officer requires physical force, the majority of courts will not require it. The court will then examine the facts of the case.
Even though actual physical force is the easiest way to prove that an individual was resisting or obstructing a law enforcement officer, it is not the only means of proof. There are numerous other ways to resist or obstruct a law enforcement officer without having to touch them with even one finger.
So long as the facts of the case show that there was a good amount of interference with law enforcement, it may be possible to charge the individual with resisting or obstructing the law enforcement officer.
What Are Some Examples of Non-physical Interference Charged as Resisting or Obstructing a Police Officer?
There are numerous examples which can be found in actual court cases where an individual was convicted of resisting or obstructing a law enforcement officer, including:
- Questioning the officer’s authority;
- Giving the officer false information;
- Using profanity directed at the officer;
- Advise or incite others in their dealings with the officer; and
- Refusing to accept a parking ticket or speeding citation.
What are the Penalties for Obstructing or Resisting a Police Officer?
The penalties for obstructing or resisting a police officer may vary by state and by charge. They may generally include:
- Incarceration;
- Criminal fines;
- A combination of incarceration and criminal fines; and
- Probation.
If a defendant is convicted of a misdemeanor, they typically face less than a year in a local jail. A felony conviction may result in incarceration for a year or more in a state prison.
Criminal fines may vary depending on the state and the charge. They typically range from a few hundred dollars to several thousand dollars.
The court may permit the defendant to serve a portion of their sentence on probation. While on probation, the individual is required to meet regularly with a probation officer and fulfill other terms and conditions, such as attending counseling or maintaining employment. If the individual violates their probation, they may be required to serve time in jail or prison.
How Can a Lawyer Help Me?
It is essential to have the assistance of a criminal law attorney for any obstructing or resisting a police officer charges you may be facing. You should contact your attorney as soon as possible.
Your attorney can advise you of the laws in your state and how they may apply to your situation as well as assist with determining whether the facts of your case constitute a legitimate offense. Your attorney will represent you each time you are required to appear in court.
